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Terms & Conditions/Policies

CLUB365

TTerms and Conditions

1.GENERAL

1.1.Welcome to the Club365 web site (the “Web Site”) controlled and operated by Resort Rental, LLC (operating as Holiday Rentals, LLC in IN, MD and TX) (referred to herein as “RR”, “We”, “Our”, “Us” or “CLUB365”). The goal of this Web Site is to provide you (referred to herein as “Member”, “Traveler”, “You”, or “Your”) with easy access to Your CLUB365 membership benefits offered by RR (except where specified, each of Prepaid Memberships (later defined) and Legacy Renewal Memberships (later defined) may be collectively referred to herein as “Membership”).

1.2.These CLUB365 Terms and Conditions (“Terms and Conditions”) set forth a legally binding agreement between CLUB365 and You.

1.3.From time to time, CLUB365 products and services, including any Resort Vacation Certificate or similar product which may have been included with your Membership, may be fulfilled by either an affiliate of RR or by a third-party provider (including, but not limited to, third-party suppliers, operators, and managers of accommodations, travel services, and travel experiences), under contract with RR or its affiliates (collectively referred to herein as “Provider(s)”). In that instance, the terms and conditions of such Provider shall apply to You. Please review these Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through CLUB365, including any terms set forth in any applicable confirmation or other e-mail (collectively, "Provider Terms").

1.4.By purchasing products and services through CLUB365, Member acknowledges and agrees to be bound by these Terms and Conditions, and the terms and conditions of applicable Provider, and Member accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively, “Guests”).

1.5.Additionally, Member agrees that it is solely Member’s responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through CLUB365 of the contents of these Terms and Conditions and all applicable Provider Terms

1.6.THESE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND AN AGREEMENT TO RESOLVE ANY DISPUTES THAT MAY ARISE BY ARBITRATION.

1.7.YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS.

2.ELIGIBILITY

2.1.CLUB365 is open to members who have been granted access to Club365 by a specific resort and who have been given activation instructions through that resort as well as their family members who are not otherwise barred from participating by applicable laws or regulations, such as the prohibition of the inclusion of individuals who appear on the U.S. Department of the Treasury’s Office of Foreign Access Control’s Specially Designated Nationals list. CLUB365 reserves the right to verify, or require proof of eligibility in order to obtain a Membership, and any fraudulent or wrongful information provided in order to obtain such Membership, could result in the suspension or cancellation of such Membership or bookings. CLUB365 reserves the right to alter these eligibility requirements at any time. 

2.2.Members are responsible for reading and understanding these Terms and Conditions, the Booking Rules, as well as the CLUB365 Privacy Notice, and any other communications from RR about the CLUB365 program in order to understand their rights, responsibilities, and status in regards to it. By Booking or otherwise accepting any CLUB365 services, a Member acknowledges and understands that their information, including contact information, may be shared with participating Providers and affiliates (for example, participating hotels) and processed in accordance with their data policies. This sharing is generally pursuant to written agreements which include confidentiality, privacy and security obligations; however, Members understand that CLUB365 does not control the privacy practices of these Providers. If a Member has any questions about the CLUB365 program or these Terms and Conditions, the Member should contact CLUB365 Customer Service at 877-348-0590. If a Member has any questions about the CLUB365 Privacy Notice or its collection, use, or disclosure of a Member’s data, the Member should consult the Privacy Notice.

2.3.By accepting any CLUB365S services, a Member acknowledges that they are responsible for determining whether they are eligible to receive, and further acknowledges that they are indeed eligible to receive, such services under all applicable laws, gift policies, incentive policies, and any other governmental requirement. Each Member must immediately notify CLUB365 if they are not eligible to receive any services at any time.

3.FULFILLMENT SERVICES AND SELLER OF TRAVEL INFORMATION

3.1.CLUB365 is offered and fulfilled by RR (operating as Holiday Rentals, LLC in IN, MD and TX), a Florida licensed entity whose address is 6277 Sea Harbor Drive, Orlando, FL 32821. California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. RR is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. RR has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date. Hawaii: Hawaii TAT Broker ID #TA-023-193-6000-01. 

4.PROVISION OF INFORMATION

4.1.Travel, travel provider, and product and service information provided to Member may be based on information received from Providers. While CLUB365 makes reasonable efforts to ensure that this information is accurate and complete, CLUB365 expressly disclaims liability for inaccurate, incomplete, or misleading information.

5.MODIFICATIONS OF THE TERMS AND CONDITIONS

5.1.These Terms and Conditions and Membership benefits are subject to change at any time at the sole discretion of CLUB365 without prior notice to Members (except where required by law). By enrolling into the CLUB365, Member acknowledges and agrees to be bound by any posted revisions to these Terms and Conditions.

5.2.CLUB365 may from time to time change prices, including recurring Legacy Renewal Membership fees and any other fees applicable to Your Membership. CLUB365 will inform You of any price changes in advance, including the effective date of such changes, and, if applicable, how to accept those changes or proceed with cancellation. Subject to applicable law, You accept the new price by continuing to use or otherwise receive the benefits of the Membership after the price change effective date; provided that, You may always reject the price change by canceling Your Membership as set forth herein (See Sections 13 and 14 below).

6.NO COMMERCIAL USE

6.1.Membership purchases, benefits and transactions may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration. Any unauthorized commercial use including but not limited of any transfer of any rights or benefits conferred pursuant to any subscription agreement is grounds for immediate termination and closure of Your Membership without (a) refund or (b) any further duty, obligation or liability to You.

7.CLUB365’S ROLE

7.1.Member and CLUB365 are dealing at arms’ length, creating a commercial relationship. CLUB365 is not Member’s agent or Member’s fiduciary. By purchasing products and services through CLUB365, Member acknowledges and agrees that no such agent or fiduciary relationship exists between Member and CLUB365.

7.2.In connection with products or services not directly supplied and fulfilled by CLUB365, CLUB365 is acting as an intermediary for the Provider of any such product or service, and for any Provider in selling such services, or in accepting reservations or bookings for such services.

8.MEMBER SUSPENSION, TERMINATION, AND AVAILABILITY

8.1.All products and services offered through CLUB365 are available for purchase for Members only. All offers are based on availability and travel products are not guaranteed until confirmation is received from the Provider through CLUB365. Member participation may be denied if Membership is not in good standing, such as if a Member is not current in all fees due to CLUB365.

8.2.We may (without refund or credit) suspend or terminate a Membership (without prior notice, or first being required to suspend, or allow for a cure period), cancel a booking (without refund or credit), cancel travel credits, or deny access to any of the products or services offered in connection with a Membership upon the occurrence of any of the following: i. Breaches of any provision of these Terms and Conditions or the Booking Rules, Terms of Use, or Privacy Notice by the Member or his or her guest(s); ii. Failure to pay any fees due and owing respecting CLUB365 or any of its affiliates, including resort fees and service fees; iii. Misuse, as determined in CLUB365’s sole discretion, of any Member benefit, travel credit, or reservation by the Member or his or her guest; iv. Following suspension, if applicable, if the Member fails to cure the reasons for such suspension within such time as determined by CLUB365, however, suspension is not a condition precedent to termination, therefore a Member may be terminated without first being suspended; v. Upon termination of the CLUB365; vi. Upon any determination by CLUB365, in its sole discretion, that a Member or guest is abusive to any CLUB365 affiliate, inventory provider or ancillary travel products provider personnel; vii. If a Member or guest causes property damage to any resort, inventory, or other travel product; viii. If required to do so by any local, state or federal governmental entity (or its equivalent if a foreign country) and/or by any laws, rules or regulations that may apply; or ix. For any other reason in the sole discretion of CLUB365.

9.PRICES AND RATES

9.1.The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional to such prices and rates, unless expressly stated to include such fees, surcharges, and taxes. Travel product rates and prices are based on availability and subject to change without notice. Additional fees may apply. Special rates and prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates may be subject to availability. Other restrictions may apply. All rates, prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all Providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and change or discontinue promotions or special offers, at any time for any reason. Any increase in rate or price imposed by the Provider will be passed on to Member in full, and Member agrees to pay CLUB365 for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.

10. CURRENCY

10.1. All fees and charges are payable in United States Dollars (USD).

11. PAYMENT

11.1. CLUB365 products and services may be purchased with any participating valid credit or debit card.

11.2. If using a debit card, Member may purchase products or services with a debit card that displays a Visa or MasterCard logo.

11.3. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, CLUB365 will make reasonable efforts to contact Member, but CLUB365 reserves the right (without (a) refund or credit, or (b) further duty, liability, or obligation to You) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be solely responsible for any Provider penalties assessed due to a payment being rejected by Member’s financial institution. To make different final payment arrangements or if Member experiences technical difficulties with the Web Site or if Member is not sure of the status of Member’s booking or payment, please call CLUB365 customer service at 877-348-0590.

12. TRAVEL CREDITS

12.1. Certain Members may initially have been awarded Travel Credits (“Travel Credits”) upon their Membership purchase enrollment. In addition, certain Members may earn Travel Credits when making qualifying travel purchases through CLUB365 or by qualifying Membership transactions. To the extent a Member is eligible to receive Travel Credits (a “Travel Credit Member”), Travel Credits will be credited to the Membership account and may be redeemed towards partial payment for subsequent CLUB365 purchases. If a Member is eligible for Travel Credits, such Member must maintain the Membership account in good standing to earn or redeem Travel Credits.

12.2. Earning Travel Credits. A Travel Credit Member may be awarded an initial amount of Travel Credits upon Membership enrollment, and additional Travel Credits may be awarded on qualifying travel or Membership transactions including activity at the resort where the Travel Club Member purchased Membership. Travel Credits award amount will vary at CLUB365’s sole discretion. Travel Credits awarded for travel transactions will be applied to the available balance in the Membership account following the travel departure date indicated on the Booking Confirmation. The Travel Credits award amount per transaction, including minimums and maximums, are subject to change at the sole discretion of CLUB365, and without prior notice to Members. Other restrictions may apply.

12.3. Redeeming Travel Credits. Travel Credits have no actual cash value, but may be redeemed by Travel Credit Members towards partial payment, at time of checkout, to the net amount of a travel or CLUB365 transaction, whether purchased online or offline through CLUB365. Travel Credits may not be redeemed toward payment of any taxes, fees, travel insurance, shipping or handling charges. Each CLUB365 product specifies the amount of Travel Credits, if any, that may be redeemed towards partial payment in the description of the product or service. A Travel Credit Member may redeem as many Travel Credits as such Travel Credit Member has available in Member’s account, up to the amount specified for any particular product or service. Travel Credits may only be redeemed by the Member(s) listed on the Membership account. Travel Credits redemptions may not be combined with any other discount or promotion.

12.4. Purchase Cancellations. If a Travel Credit Membercancels his or her product or travel purchase with Us outside of any period where cancellation fees apply, any Travel Credits redeemed to purchase product or travel may be refunded to the Travel Credit Member’s account, subject to a potential Travel Credits deduction for airfare. If cancellation of travel booked using Travel Credits occurs within a period where cancellation fees apply, Travel Credits may be applied against cancellation fees after any cash used in the purchase of that travel booking. If any portion of Travel Credits remains after cancellation fees are paid, the remaining Travel Credits may be refunded to the Member’s account. Upon cancellation or refund of the purchase of Our product, Travel Credits awarded may be withdrawn at Our sole discretion.

12.5. Limitations, Variations and Inactivity. The usage of Travel Credits for redemption, including minimums and maximums, are subject to change at the discretion of CLUB365, and without prior notice to Member. Membership may be suspended if Member does not remain in good standing with CLUB365 or with the Membership, and CLUB365 may impose a reasonable fee for reinstatement or reactivation of Membership. Travel Credits may not be used to pay reinstatement or reactivation fees. CLUB365 reserves the right to cancel or withdraw all Travel Credits in a Travel Credit Member’s account if the Member does not remain in good standing with CLUB365 or with the Membership for ninety (90) calendar days or more.

12.6. Expiration and Termination. Travel Credits are only valid for twelve (12) months from the date of issuance to You. Unredeemed Travel Credits expire upon the termination of the Membership or any renewal thereof, and CLUB365 owes no further duty, obligation or liability to You upon such expiration. Travel Credits have no cash value and are not transferable.

12.7. Customer Service. Please contact CLUB365 customer service at 877-348-0590 if a Travel Credit Member believes there are Travel Credits that have not been credited to Member’s account or for any questions related to the available Travel Credits balance or to see if you Membership qualifies as you as a Travel Credit Member.

13. PREPAID MEMBERSHIP ENROLLMENT; PAYMENT; AND CANCELLATION

13.1. PREPAID MEMBERSHIP – For the initial membership into CLUB365, a purchaser shall pay the applicable initiation fee to the resort affiliated with CLUB365, and the applicable resort will coordinate with RR to enroll such purchaser into Club 365 (“Prepaid Membership”).

13.2. Please refer to your contract with the applicable resort for the purchase of the Prepaid Membership to view any applicable options relating to cancellation.

14. LEGACY RENEWAL MEMBERSHIP ENROLLMENT; PAYMENT; AND CANCELLATION

14.1. LEGACY RENEWAL MEMBERSHIP – After the expiration of the applicable Member’s Prepaid Membership, a Member may be given the option to purchase a paid premium membership (“Legacy Renewal Membership”), the term of the Legacy Renewal Membership is monthly and begins on the date You enroll. Your Legacy Renewal Membership will automatically renew on a monthly basis on the date You signed up, until You cancel Your Legacy Renewal Membership in accordance with these Terms and Conditions. You will be charged at the beginning of Your billing cycle and the charge may take several days to appears on Your account. If Your billing date is scheduled for a day that does not occur in every month (for example, the 31st), your will be billed on the last day of the month instead. So long as Member complies with all of the Legacy Renewal Membership terms, including timely payment of the monthly Legacy Renewal Membership fees, Member shall be eligible to receive the benefits of Legacy Renewal Membership. 

14.2. The current monthly Legacy Renewal Membership fee for CLUB365 varies and is dependent on the level of the program under which the Member was initially enrolled. You will find additional details about the Legacy Renewal Membership You are subscribed to, including monthly charges, applicable fees, next payment due date, payment history and invoices, and account management in Your CLUB365 account in the “Account Summary” section. You may also contact us at 877-348-0590 for assistance.

14.3. If Member fails to pay the monthly Legacy Renewal Membership fees or other fees or charges in connection with Legacy Renewal Membership on or before the respective payment due date thereof, Member will be ineligible to receive any benefits of Legacy Renewal Membership, and Your CLUB365 Membership will terminate with immediate effect.

14.4. In the event Member allows the Legacy Renewal Membership to lapse due to non-payment, the Legacy Renewal Membership may be reinstated at the sole discretion of CLUB365, provided that a reinstatement fee shall be payable to CLUB365 before the Legacy Renewal Membership is reinstated to allow Member to use any benefits of the Legacy Renewal Membership. 

14.5. All monthly fees and promotional offers are subject to change at any time without prior notice (unless required by applicable law), in the sole discretion of CLUB365.

14.6. Member may cancel the Legacy Renewal Membership as follows:

Legacy Renewal Memberships can be cancelled at any time. If cancelling a monthly Legacy Renewal Membership, You will NOT receive a pro-rated refund for any days remaining in the month. In the event of the cancellation of an annual or longer Membership, We will pay You a prorated refund of the Legacy Renewal Membership fees for the remaining membership period, as applicable, so long as You are otherwise in compliance with the Terms and Conditions. We will calculate the prorated refund by multiplying i) one-twelfth (1/12) the cost of a single year membership at the time of cancellation, even if a multi-year membership was purchased, times ii) the number of months of the membership period that have passed, and iii) then deducting that amount from the actual amount You paid for that membership or renewal period. The Legacy Renewal Memberships will be cancelled starting at the beginning of the next monthly billing period after the date notice of cancellation is received. You will continue to have access to Your Legacy Renewal Membership until the effective date of cancellation. Member may cancel a Legacy Renewal Membership by:

o Visiting your account and clicking the “Cancel” button

o Calling toll-free: 877-348-0590

o Sending written notice of cancellation to:

CLUB365

Attention: Cancellations

9998 N. Michigan Rd.

Carmel, IN 46032

14.7. Please note that upon termination or cancellation of Your Legacy Renewal Membership, any bookings You have already made may not necessarily be cancelled; Your ability to cancel an individual booking will depend on the Booking Rules and the terms and conditions associated with the booking.

15. LIMITATION OF LIABILITY

15.1. CLUB365 SHALL NOT BE LIABLE FOR AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY LOSS, DAMAGE, DELAY, DEATH OR INJURY TO PERSON OR PROPERTY ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF PROVIDERS (INCLUDING, BUT NOT LIMITED TO, ANY THIRD-PARTY SUPPLIERS, OPERATORS, AND/OR MANAGERS OF ACCOMMODATIONS, SERVICES OR TRAVEL EXPERIENCES), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, EQUITY, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. CLUB365’S LIABILITY FOR ANY CLAIM ARISING FROM OR AS A RESULT OF THE ACTS OR OMISSIONS OR REPRESENTATIONS (WHETHER ORAL, WRITTEN, OR BY CONDUCT) OF CLUB365, WILL BE LIMITED TO THE FEES PAID BY MEMBER TO CLUB365, FOR THE TRAVEL SERVICES PURCHASE. IN NO EVENT WILL CLUB365 BE LIABLE FOR SPECIAL, CONSEQUENTIAL, LIQUIDATED, INCIDENTAL, INDIRECT, EXEMPLARY, MORAL, OR PUNITIVE DAMAGES EVEN IF NOTIFIED OF THE POSSIBILITY OF THE SAME. THIS LIMITATION SHALL ALSO APPLY TO CLUB365, ITS AFFILIATED COMPANIES, AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, AND AGENTS OF CLUB365.

16. DISCLAIMER OF WARRANTIES

16.1. All of Our content, products, and services provided to You are provided on an “as is” basis. We make no representations or warranties of any kind, express or implied, about the products and services We provide, the operation of Our program, Our Web Site, or the accuracy of any of the information, content or materials We provide You. To the fullest extent permitted by law, We disclaim all representations and warranties, including but not limited to: the implied warranties of merchantability or satisfactory workmanlike effort, informational content, title, or non-infringement of the rights of third parties. We do not warrant or make any representations that Our program or Web Site will operate error-free or uninterrupted, that defects will be corrected, or that Our Web Site or its servers will be free from viruses or other harmful components. In addition, We expressly reserve the right to correct any pricing errors on Our Web Site, bookings or reservations made under an incorrect price. In such event, if available, We will offer You the opportunity to keep Your reservation at the correct price or We will cancel Your reservation without penalty.

16.2. We do not warrant or make any representations regarding suitability, availability, accuracy, reliability, completeness, or timeliness of any material provided by CLUB365 to You, including but not limited to information, content, products, services, text, and graphic or video content.

16.3. Without limiting the foregoing, no representation, warranty, or guarantee is made:

16.3.1. Regarding the acceptance of any request;

16.3.2. That You will receive the lowest possible price for the products, services, or goods We advertise or You purchase;

16.3.3. Regarding the availability of products, services, and goods advertised by CLUB365;

16.3.4. Regarding the results that may be obtained from using Our products or services.

16.3.5. We do not warrant the suitability, safety or security of resort activities, guides, vendors or Providers described herein. It is Your responsibility to investigate the safety and suitability of any activity, and the credentials and fitness of any guide, vendor or Provider, and You participate at Your own risk. We expressly disclaim any express or implied warranty or any liability in connection with such resort activities, guides, vendors or Providers (COLLECTIVELY, THE “aCTIVITIES”). Information about Providers’ products or services published by Us is based on information obtained from the particular Provider. Therefore, We cannot accept responsibility for, and shall have no liability for any inaccurate, incomplete or misleading information in connection with the products or services offered by any of our Providers OR FOR ANY CLAIMS FOR DAMAGES, LOSSES, COSTS OR LIABILITIES FOR PROPERTY DAMAGE, PERSONAL INJURY OR DEATH RELATING TO OR RESULTING FROM THE ACTIVITIES.

17. CLASS ACTION WAIVER - THIS PARAGRAPH CONTAINS A CLASS ACTION WAIVER THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.

17.1. MEMBER AND CLUB365 AGREE THAT ANY PROCEEDING TO RESOLVE OR LITIGATE ANY DISPUTE, WHETHER IN ARBITRATION, IN COURT, OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER MEMBER NOR CLUB365 WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, OR IN ANY PROCEEDING IN WHICH MEMBER OR CLUB365 ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. MEMBER AND CLUB365 FURTHER AGREE THAT NO ARBITRATION OR PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER ARBITRATION OR PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MEMBER, CLUB365, AND ALL PARTIES TO ANY SUCH ARBITRATION OR PROCEEDING.

17.2. IF THE CLASS ACTION WAIVER HEREIN IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, WHETHER BY JUDICIAL, LEGISLATIVE, OR OTHER ACTION, THEN THIS SECTION WILL NOT APPLY TO THOSE PARTS. INSTEAD, THOSE PARTS OF THE DISPUTE WILL BE SEVERED AND PROCEED IN A COURT OF LAW, WITH THE REMAINING PARTS PROCEEDING IN ARBITRATION.

18. ARBITRATION AGREEMENT/DISPUTE RESOLUTION POLICY – THIS PARAGRAPH CONTAINS AN ARBITRATION PROVISION THAT WILL SIGNIFICANTLY AFFECT YOUR RIGHTS IF A DISPUTE ARISES.

18.1. Any and all disputes, claims or controversies whatsoever, whether based on contract, tort, statutory, constitutional or legal rights, arising from or relating to the sale, booking, processing or payment of any cruise and travel benefits or vacation club membership services, programs or products, including but not limited to alleged violations of civil rights, discrimination, consumer protection or privacy laws, or for any losses, damages or expenses, by and between or among You and Us and Our parents, subsidiaries, affiliates, successors, assigns, heirs, officers, directors, employees, agents, business partners, third-party providers, suppliers or vendors shall be referred to and resolved exclusively by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association (“AAA“) to be conducted in Orange County, Florida, U.S.A., to the exclusion of any other forum. You hereby consent to jurisdiction and waives any venue or other objection to the arbitration proceeding taking place in Orange County, Florida. The arbitration proceeding shall be administered by the AAA under its Commercial Arbitration Rules and the fee schedule in effect at the time the proceeding is commenced.

18.2. The arbitration proceeding shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA“) and a final judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Either party may elect to participate in the arbitration telephonically. The parties shall be permitted to conduct discovery in accordance with the Federal Rules of Civil Procedure.

18.3. Except to the extent the parties' procedural or substantive rights are governed by the FAA and the federal common law relating to arbitration, this Dispute Resolution Policy shall be governed by the laws of the State of Florida without regard to its choice of law and conflict of law rules.

18.4. The parties agree that any arbitration proceeding will be filed and conducted on an individual, and not a collective or class-wide basis, and shall not be joined or consolidated with another claim or proceeding between one of the parties and any other entity or person. The arbitrator selected under this Dispute Resolution Policy shall have no authority to arbitrate claims on a class-wide, collective, group or consolidated basis.

18.5. The parties further expressly agree that (i) the arbitrator's decision will be final and binding; (ii) the arbitrator shall only reach his or her decision by applying strict rules of law to the facts; (iii) the arbitration shall be conducted in the English language; (iv) the party in whose favor the arbitration award is rendered shall be entitled to recover its costs and expenses of the arbitration including, but not limited to, its reasonable attorneys' fees, the costs and expenses of the administration of the arbitration proceedings including the AAA filing fees, and any costs and attorneys' fees incurred in executing on or enforcing the arbitration award; and (v) the arbitral award shall be issued in Orange County, Florida.

18.6. Except as otherwise provided herein, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of the arbitration award.

18.7. Notwithstanding this Dispute Resolution Policy, CLUB365 may as necessary apply to a court of competent jurisdiction in Orange County, Florida to seek injunctive relief relating to the unauthorized use of Our trademarks, trade name, or other intellectual property (the "Marks"), or to otherwise protect its goodwill and reputation associated with the Marks. The institution of any such action for injunctive relief shall not constitute a waiver of the right or obligation of any party to submit any other claim to arbitration.

18.8. Judgment upon the arbitral award or decision may be entered by the court of competent jurisdiction located in Orange County, Florida, or application may be made to such court for the judicial confirmation of the award and order of enforcement, as the case may be, if the Arbitrator's award or decision is not complied with within seven (7) days of the issuance of the award or decision.

19. GOVERNING LAW

19.1. These Terms and Conditions, the Membership Enrollment Application, the Purchaser Acknowledgement, the Booking Rules and any certificates shall be governed exclusively by the laws of the State of Florida. Any action at law or in equity by a Member or Member’s guest, whether using any product or service or traveling with the Member or traveling under a Booking Confirmation/Travel Receipt, to seek any remedy against CLUB365, or its associated entities, designees, or contractors must be submitted must be submitted exclusively to the jurisdiction of the courts of Orange County, Florida (USA). In the event a Member or Member’s guest initiates an action at law or in equity and CLUB365 prevails, that Member or Member’s guest shall pay all costs incurred by CLUB365 defending such action, including but not limited to, reasonable attorney’s fees, paralegal fees and court costs.

20. INDEMNIFICATION

20.1. You agree to defend, indemnify and hold harmless RR and its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms and Conditions, or your use of RR’s websites, memberships, or services.

21. SEVERABILITY

21.1. No waiver of these Terms and Conditions by RR shall be deemed a further or continuing waiver of such Terms and Conditions or any other term or condition, and any failure of RR to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms and Conditions will continue in full force and effect.

22. AGE RESTRICTIONS

22.1. Members are required to be 21 years of age or older. Guests under the age of 21 must be accompanied by a parent, relative, or guardian 25 years or older as part of the travel transaction. Some Providers may have additional age-related or physical restrictions. Please review the terms and conditions on the individual product descriptions for more details.

23. GEOGRAPHIC LIMITATIONS

23.1. Unless otherwise specified, CLUB365 and these Terms and Conditions are presented solely for the purpose of promoting services available in the United States. If You access CLUB365 from locations outside the United States, You do so at Your own risk and You are responsible for compliance with any applicable local laws. 

24. TELEPHONIC COMMUNICATIONS AND AGREEMENT TO BE CONTACTED

24.1. You acknowledge that telephone calls to or from Us may be monitored and recorded and You agree to such monitoring and recording.

24.2. You verify that any contact information provided to Us, including, but not limited to, Your name, mailing address, email address, Your residential telephone number, or Your mobile telephone number, is true and accurate. You verify that You are the current subscriber or owner of any telephone number that you provide to Us. Should any of Your contact information change, including Your telephone numbers, You agree to notify Us before the change goes into effect. You agree to indemnify, defend and hold Us harmless from and against any and all claims, losses, liability, costs and expenses (including reasonable attorneys’ fees) arising from failure to update Your contact information (including Your telephone number), Your voluntary provision of a telephone number that is not Your own, and/or from Your violation of any federal, state or local law, regulation or ordinance.

24.3. You acknowledge that by voluntarily providing Your telephone number(s) to Us, You expressly agree to receive recurring text messages, prerecorded voice messages or autodialed calls from Us related to offers, Your account, any transaction with Us, or Your relationship with Us, including marketing and advertising calls and messages. You also agree that We may obtain, and You expressly agree to be contacted at email addresses, mailing addresses and phone numbers provided by You directly. These telephone calls and text messages may include, for example, confirmation of reservation requests, changes to Your reservations or account, and account collections and reminders. You agree to receive calls and text messages even if You cancel Your account or terminate Your relationship with Us, except if You opt-out, as provided below. Consent to receive automated marketing calls/texts is not a condition of purchasing any goods or services.

24.4. Calls or text messages to You may be made by or on behalf of Us even if Your telephone number is registered on any state or federal Do Not Call list. You acknowledge that You may incur a charge for these calls or text messages by Your telephone carrier and that We are not responsible for these charges. The mobile carriers are not liable for delayed or undelivered messages.

24.5. You may opt-out of automated calls or text messages at any time. To opt-out of text messages, reply STOP to any text message You receive. For help, text HELP. You acknowledge and agree that You may receive a text message confirming Your opt-out. To opt-out of automated telephone calls (but not text messages), call [PHONE NUMBER]. Please allow up to thirty (30) days to process any opt-out request. Please note that if You opt out of automated calls, We reserve the right to make non-automated calls to You relating to Your account, any transaction, account collections, or otherwise relating to Your relationship with Us. Your obligations under this Section shall survive termination of these Terms and Conditions.

25. STATE SPECIFIC DISCLOSURES

25.1. For Kentucky Purchasers:

MEMBERS' RIGHT TO CANCEL

KENTUCKY LAW GIVES YOU THREE (3) DAYS TO CANCEL YOUR AGREEMENT WITH THE RELATED RESORT OR US, AS APPLICABLE. If you wish to cancel your contract, you may cancel by delivering or mailing a written notice to the applicable seller. Certified mail would provide greater protection than first-class mail, but is not necessary. If you deliver the notice personally, you are entitled to a receipt. Your notice must make known that you do not wish to be bound by the contract. If the notice is delivered or mailed before midnight of the third business day after you sign your contract, you are entitled to a refund of the entire consideration paid for the contract. The notice must be delivered or mailed to (insert name and mailing address of company). If you cancel, the applicable seller is required to return, within ten (10) days of the date on which you give notice of cancellation, any payments you have made.

25.2. For Missouri Purchasers:

Assuming you have returned to the travel club all materials delivered to the purchaser at closing, you have the right to rescind your transaction for a period of three business days after the date of your agreement with the related resort or other applicable seller. To exercise the right of rescission, you must deliver to the applicable seller, either in person or by first class mail postmarked within the three-business-day period, at the address referenced in your contract, a written statement of your desire to rescind your transaction, and all materials of value that were provided and given to you at the time of the purchase of your travel club membership.

CLUB365

Booking Rules

1.GENERAL

1.1.These rules “Booking Rules”) set forth a legally binding obligation between Resort Rental, LLC (operating as Holiday Rentals, LLC in IN, MD and TX) d/b/a CLUB365 (referred to herein as “RR”, “We”, “Our”, “Us” or “CLUB365”) and you (referred to herein as “Member”, “Traveler”, “You”, or “Your”) with respect to your booking, reservation, or other travel or non-travel transaction (each, a “Booking”).

In addition to these Booking Rules, your Booking is subject to the CLUB365 Terms and Conditions (“Terms and Conditions”) which are available here.

1.2.From time to time, CLUB365 products and services may be fulfilled by either an affiliate of RR or by a third-party provider (including, but not limited to, third-party suppliers, operators, and managers of accommodations, travel services, and travel experiences), under contract with RR or its affiliates (collectively referred to herein as “Provider(s)”). In that instance, the terms and conditions of such Provider shall apply to You. Please review these Program Rules and the Terms and Conditions thoroughly as well as all terms and conditions and policies and procedures supplied by the provider of any product or service offered through CLUB365, including any terms set forth in any applicable confirmation or other e-mail (collectively, "Provider Terms"). WE DO NOT WARRANT THE SUITABILITY, SAFETY OR SECURITY OF RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS DESCRIBED HEREIN. IT IS YOUR RESPONSIBILITY TO INVESTIGATE THE SAFETY AND SUITABILITY OF ANY ACTIVITY, AND THE CREDENTIALS AND FITNESS OF ANY GUIDE, VENDOR OR PROVIDER, AND YOU PARTICIPATE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OR ANY LIABILITY IN CONNECTION WITH SUCH RESORT ACTIVITIES, GUIDES, VENDORS OR PROVIDERS. INFORMATION ABOUT PROVIDERS’ PRODUCTS OR SERVICES PUBLISHED BY US IS BASED ON INFORMATION OBTAINED FROM THE PARTICULAR PROVIDER. THEREFORE, WE CANNOT ACCEPT RESPONSIBILITY FOR, AND SHALL HAVE NO LIABILITY FOR ANY INACCURATE, INCOMPLETE OR MISLEADING INFORMATION IN CONNECTION WITH THE PRODUCTS OR SERVICES OFFERED BY ANY OF OUR PROVIDERS.

1.3.By purchasing products and services through CLUB365, Member acknowledges and agrees to be bound by these Program Rules, the Terms and Conditions, and the terms and conditions of applicable Provider, and Member accepts these Terms and Conditions on the behalf of any traveling companion(s), and/or guests (including minors and those under any disability) (collectively, “Guests”).

1.4.Additionally, Member agrees that it is solely Member’s responsibility to inform any traveling companion(s), Guests, or the users of any product or service purchased through CLUB365 of the contents of these Program Rules, the Terms and Conditions and all applicable Provider Terms

1.5.THE TERMS AND CONDITIONS CONTAIN A CLASS ACTION WAIVER AND AN AGREEMENT TO RESOLVE ANY DISPUTES THAT MAY ARISE BY ARBITRATION.

1.6.YOU SHOULD NOT RELY ON ANY REPRESENTATION OTHER THAN THOSE EXPRESSLY SET OUT IN THESE PROGRAM RULES OR THE TERMS AND CONDITIONS.

2.FULFILLMENT SERVICES AND SELLER OF TRAVEL INFORMATION

2.1.CLUB365 is offered and fulfilled by RR (operating as Holiday Rentals, LLC in IN, MD and TX), a Florida licensed entity whose address is 6277 Sea Harbor Drive, Orlando, FL 32821. California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. RR is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. RR has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date. Hawaii: Hawaii TAT Broker ID #TA-023-193-6000-01.

3.PROVISION OF INFORMATION

3.1.Travel, travel provider, and product and service information provided to Member may be based on information received from Providers. While CLUB365 makes reasonable efforts to ensure that this information is accurate and complete CLUB365 expressly disclaims liability for inaccurate, incomplete, or misleading information.

4.MODIFICATIONS OF THE PROGRAM RULES

4.1.These Program Rules are subject to change at any time at the sole discretion of CLUB365 without prior notice to Members (except where required by law). By making a Booking, Member acknowledges and agrees to be bound by any posted revisions to these Program Rules.

5.NO COMMERCIAL USE

5.1.Bookings may not be used for any commercial purpose, sold, bartered, or exchanged for any other consideration or for the purposes of establishing residency or permanent or semi-permanent occupancy. Any unauthorized commercial use including but not limited of any transfer of any rights or benefits conferred pursuant to any subscription agreement is grounds for the termination of your Booking or the immediate termination and closure of Your Membership without (a) refund or (b) any further duty, obligation or liability to You.

6.AVAILABILITY

6.1.Your Booking is not guaranteed until confirmation is received from the Provider through CLUB365. Your Booking may be denied if Membership is not in good standing, such as if a Member is not current in all fees due to CLUB365.

7.PRICES AND RATES

7.1.The price of products and services, and rates listed for each travel product are based on the terms and conditions of the actual product description within each individual transaction. Government fees, fuel surcharges, and taxes are additional to such prices and rates, unless expressly stated to include such fees, surcharges, and taxes. Travel product rates and prices are based on availability and subject to change without notice. Additional fees may apply. Special rates and prices may not be applicable with other offers or promotions. All offers and upgrades are for selected dates may be subject to availability. Other restrictions may apply. All rates, prices and dates may not be available at time of booking. All information is subject to change without notice. In addition, all Providers retain certain rights to increase fares and rates (including, without limitation, taxes, service charges, airport charges, and government fees), modify itineraries, change availability, and change or discontinue promotions or special offers, at any time for any reason. Any increase in rate or price imposed by the Provider will be passed on to Member in full, and Member agrees to pay CLUB365 for such increase, unless otherwise stated in the terms and conditions of the individual travel transaction.

8.HOTEL TAXES AND FEES

8.1.To facilitate Your transactions with Us, We will charge Your payment method for “Taxes and Fees”. Taxes and Fees includes an estimated total that We will pay to the hotel or Provider for taxes and government fees it owes in connection with Your booking, including but not limited to, sales and use tax, occupancy tax, room tax, excise tax, value added tax, and other applicable taxes. The Providers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. We do not act as a co-vendor with the Provider with whom we book or reserve our customer's travel arrangements. The charge for Taxes and Fees varies based on a number of factors including, without limitation, the amount We pay the hotel and the location of the hotel where You will be staying. The actual tax amounts paid by Us to the Provider may vary from the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use of the Provider by our customers.

8.2.Depending on the type of booking You make through Us, You may be charged additional fees by Our Providers, including, but not limited to:

8.2.1. Certain mandatory hotel specific service fees, including but not limited to: resort fees, energy surcharges, newspaper delivery fees, in-room safe fees, tourism fees, security deposits and/or housekeeping fees;

8.2.2. Certain optional incidental fees, including but not limited to: parking charges, minibar charges, phone use charges, room service charges and/or movie rentals; and

8.2.3. Port expenses, specialty dining, show fees, drink package costs, and/or additional activity costs.

8.2.4. Fees resulting from a violation of a hotel or travel service’s rules and regulations. You expressly understand and agree that the hotel or other travel service provider may charge You for any violation of its rules and regulations, including but not limited to violations of the smoking and pet policies and any damages to Your room or the hotel caused by You or Your guests.

8.3.Our Providers may require You to put a payment method on file upon check-in to pay these or other charges directly to the Provider upon check-out. Contact the Provider directly to determine what charges apply to Your booking.

8.4.Additionally, Providers may charge destination marketing fees that are collected by the hotel for payment to a local tourist bureau. If You are a citizen of a country You travel to, You may owe additional taxes to the hotel at check-out.

8.5.Contact the Provider with any questions regarding the specific taxes and fees or additional charges that they may collect which may be applicable to Your booking. It is Your responsibility to determine if any such additional fees, terms, conditions and restrictions apply to Your transaction. We do not warrant the availability of third-party activities or services.

9.CURRENCY

9.1.All fees and charges are payable in United States Dollars (USD). However, the transaction prices may be stated in different currencies based on location. For certain services, the price may have been converted from a different currency for convenience purposes to provide You an estimate of the amount of the purchase in Your local currency. As a result, when You book, the amount charged to Your credit card by the Provider may be slightly different due to currency fluctuations.

10. PAYMENT

10.1. CLUB365 products and services may be purchased with any participating valid credit or debit card.

10.2. If using a debit card, Member may purchase products or services with a debit card that displays a Visa or MasterCard logo.

10.3. Charges usually occur on the same business day, but may take up to three (3) business days to be processed. If there are any complications with Member’s credit card or debit card transaction, CLUB365 will make reasonable efforts to contact Member, but CLUB365 reserves the right (without (a) refund or credit, or (b) further duty, liability, or obligation to You) to cancel the confirmed booking if payment is denied by Members’ financial institution. Member will be solely responsible for any Provider penalties assessed due to a payment being rejected by Member’s financial institution. To make different final payment arrangements or if Member experiences technical difficulties with the Web Site or if Member is not sure of the status of Member’s booking or payment, please call CLUB365 customer service at 877-348-0590.

10.3.1. Seller of Travel Disclosures.

(a) California: CST-2081369-50. Registration as a seller of travel does not constitute approval by the State of California. RR, LLC is not a participant in the Travel Consumer Restitution Fund. California law requires certain sellers of travel to have a trust account or bond. RR, LLC has a bond issued by Travelers Casualty and Surety Company of America in the amount of $50,000.00. Florida: Fla. Seller of Travel Reg. No. ST-36515. Washington: Seller of Travel Reg. No. 602560941. Cancellation and change penalties may apply to these arrangements. Details will be provided upon request. If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty days of receiving the funds from the vendor with whom the services were arranged, or if the funds were not sent to the vendor, the funds shall be returned within fourteen days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the money to another travel product and/or date.

11. BOOKING CANCELLATION/CHANGES

11.1. The fees assessed by CLUB365 and the Provider as a result of a cancellation or change are set forth on the Booking Confirmation/Travel Receipt (defined below) and apply to all transactions purchased through CLUB365.

11.2. Each Provider has specific cancellation policies and penalties separate and apart from CLUB365. Provider policies may treat name changes and departure date changes as cancellations.

11.3. In the event Member must cancel any booking, please do so through the CLUB365 web site or call customer service immediately at 877-348-0590.

11.4. Cancellations will be effective as of the date of receipt of the request by CLUB365 (“Cancellation Date”). It is Members’ responsibility to ensure cancellation requests are properly received by CLUB365. Refunds may take up to eight (8) weeks from the Cancellation Date.

11.5. If transportation or other services are cancelled by the seller of travel, all sums paid to the seller of travel for services not performed in accordance with the contract between the seller of travel and the purchaser will be refunded within thirty (30) days of receiving the funds from the Provider with whom the services were arranged, or if the funds were not sent to the Provider, the funds shall be returned within fourteen (14) days after cancellation by the seller of travel to the purchaser unless the purchaser requests the seller of travel to apply the refund amount to another travel product or date.

12. ADDITIONAL TRAVEL TERMS AND CONDITIONS

Additional terms and conditions may apply to bookings made, purchases of goods and services, and other uses of portions of this Web Site, and You agree to abide by all other applicable terms and conditions including, but not limited to, paying all amounts owed to RR on a timely basis and complying with all rules and restrictions regarding the availability of products and services. These additional terms and conditions include, but are not limited to, the following:

12.1. Booking Confirmation/Travel Receipt. Reservations must be confirmed in writing electronically by CLUB365, RR, or its assignee ("Booking Confirmation/Travel Receipt"). This document will be sent to Member within two (2) weeks of the booking date. Multiple Booking Confirmations/Travel Receipts will not be issued. Travelers' names on the Booking Confirmation/Travel Receipt must accurately reflect the complete legal name as they appear on respective proof of citizenship documents. It is the Member’s sole responsibility to review and verify all information on the Booking Confirmation/Travel Receipt for accuracy and completeness, and check the spelling of all names carefully. Notify CLUB365 immediately if any changes or corrections are needed. Failure to do so constitute acceptance of the information contained on the Booking Confirmation/Travel Receipt as accurate.

12.2. We reserve the right to retract any offer We make on this Web Site or reject any offer We receive for any reason. Prices and availability of any accommodations are subject to change without notice to You.

12.3. Maximum Occupancy. In no event may the total number of people booked exceed the maximum occupancy set forth by the travel confirmation; otherwise, and at the sole discretion of the applicable resort and/or Provider, access may be refused or the applicable resort and/or Provider of the accommodation may levy additional charges.

12.4. You are solely responsible for payment of any applicable taxes, gratuities, personal expenses, utility charges, security deposits, and other fees or charges levied by a resort or Provider for the use of amenities and facilities.

12.5. You and Your guests must occupy and use any accommodation in a responsible, careful, and secure manner.

12.6. You are responsible for any acts and omissions which result in any damage, theft, or loss caused by You or Your guests while using the accommodation. You must be at least twenty-one (21) years of age to confirm accommodations on this Web Site. In some instances, the minimum age to make a reservation may be higher where required by a resort or Provider.

12.7. Any complaints about the accommodations or services provided at a resort should be made, in writing, at the earliest opportunity to a person in authority at the resort and to Us.

12.8. A Booking Confirmation/Travel Receipt may not be used for any commercial purpose, including the rental or sale of the accommodation which is represented by such Confirmation. A Booking Confirmation/Travel Receipt may only be used by the person whose name(s) appears on the Booking Confirmation/Travel Receipt.

12.9. We reserve the right to cancel Your Confirmation if payment for any accommodation is rejected by Your bank or credit card company.

12.10. Destinations and travel times are subject to availability and confirmed on a first come, first served basis. RR's offers include only accommodations and specifically exclude travel costs and other expenses that may be incurred. Promotional discounts may not apply to all properties. An offer may not be combined with any other promotion, discount, or coupon. Other restrictions may apply. Offer void where prohibited by law.

If We should be prevented, hindered or delayed in the performance of any obligation hereunder including, but not limited to, providing lodging accommodations due to an Event of Force Majeure (as defined below) beyond Our reasonable control, then We shall be excused from further performance and no refund of any amounts paid by You will be made and You waive any and all claims against Us. The term "Event of Force Majeure", as used herein, shall mean (i) an act of God or public enemy, fire, explosion, perils of the sea, lightning, earthquake, storm, flood, declared or undeclared war, revolution, insurrection, riot, act of piracy, act or threatened act of terrorism, sabotage, blockade, embargo, accident, epidemic, pandemic, or quarantine; (ii) an action by a governmental authority which prevents or delays performance of Our obligations hereunder; or (iii) a strike, lockout or other labor unrest resulting from any cause and whether or not the demands of the employees involved are reasonable or within Our power to concede.

WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, FORCE MAJEURE, OR OTHER CAUSES BEYOND ITS AND THEIR DIRECT CONTROL.

12.11. Identification Documentation. Providers may require that travelers have in their possession proper documentation required by the United States or any foreign countries visited. The names on the Booking Confirmation/Travel Receipt must match such documentation exactly. Travelers are advised to consult with the appropriate governmental agencies and embassies to determine what documentation will be required for travel. CLUB365 assumes no responsibility and does not represent or warrant the accuracy of any information or advice given regarding any travel documentation. No refund will be issued if travelers fail to bring proper documentation and are refused travel services by Provider.

12.12. Travel Documents. Booking Confirmations/Travel Receipt and Vouchers will be sent electronically unless otherwise noted on the terms and conditions of the individual product description. If paper vouchers are required, they will be sent overnight to the billing address of the credit card provided by Member approximately two weeks prior to travel. If vouchers are used in any transaction, they are valid only for the person(s) named thereon and cannot be transferred or modified without the Provider’s prior written consent. When a name change is required additional fees may apply. Notify CLUB365 concierge immediately if changes or corrections are required.

12.13. Travel Destinations. Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. CLUB365 urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government or such other government or other authority where Member resides or is traveling to prior to booking travel to both domestic and international destinations.

12.14. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

12.15. BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, CLUB365 DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

12.16. Confidential Information. Members are solely responsible for protecting their user names and passwords from any unauthorized purchasers including minors.

12.17. Travel Insurance. It is Your responsibility to decide whether to purchase travel insurance for Your travel, and if making such purchase, to ensure that the insurance coverage You buy is suitable for You and is enough for Your needs. Travel Insurance provided by third parties may be available through Our website; however, We make no representation or warranty regarding the sufficiency or terms of any such travel insurance offered on Our website, and You should conduct Your own research prior to purchasing. 

12.18. Airline Terms. If You have purchased airfare, please ensure You read the full terms and conditions of carriage issued by the air carrier, which can be found on the air carrier’s website. You agree to abide by the terms and conditions of purchase imposed by any air carrier with whom You elect to deal, including, but not limited to, payment of all amounts when due and compliance with the air carrier's rules and restrictions regarding availability and use of fares, products, or services. Airline penalties are in addition to the processing penalties charged by Us and are subject to change at any time. To cancel or modify an existing flight, please call contact Us through the contact information provided on the website. Most air carriers consider a name change to be a cancellation. To avoid penalties for name changes, full and complete names, exactly matching government-issued identification, are required at time of booking. Each scheduled airline has unique cancellation and revision penalties on airfares.

12.19. Car Penalties/Terms: Car only reservations may only be cancelled in accordance with the cancellation policy specified in the reservation and/or by the related rental agency. Car only reservations cancelled after any such the designated deadline will forfeit the full amount equal to the full rental amount. No-shows will not receive any refunds for advance deposits or payments made. All taxes will need to be paid at the counter at the car pick-up location. Please refer to the specific cancellation policy on Your car rental reservation for the specific details of Your reservation. Unless otherwise stated in the reservation or the terms and conditions of the rental agency:

·There may be additional charges for time and mileage.

·The traveler identified as driver on the reservation must match the primary driver and credit card holder.

·Major credit cards for authorization are usually required at time of rental. Debit cards may be accepted at some car counters after authorization and a credit check. Cash deposit may not accepted.

·Taxes and service charge, fuel, additional driver fee, driver under age twenty-five (25) fee, one-way rental fee, drop charges and optional insurances are not included. Time and charges exceeding prepaid amount are payable directly to car counter by renter.

·Minimum driver age is generally twenty-one (21) and valid driver’s license required.

·Unused hours and days are non-refundable

·Prevent Theft: Remove valuables from the rental car and lock the door


Privacy Notice

Last Updated: August 10, 2021

Click to read the Special Notice for Collection of Personal Information Related to the COVID-19 Pandemic.

Introduction to this Privacy Notice

Wyndham Destination Network, LLC is a subsidiary of Travel + Leisure Co., and does business as "Panorama." Panorama's business operations includes many subsidiary entities and consists of brands including RCI, Panorama Travel Solutions, 7Across (formerly DAE), The Registry Collection, Extra Holidays, Love Home Swap, TripBeat, @Work International, and Alliance Reservations Network (collectively "Panorama," the "Panorama Group of Companies" "we", "us", or "our"). We care about privacy issues and want you to be familiar with how we collect, disclose, and otherwise use ("Process") information about you. This privacy notice ("Privacy Notice") describes our practices in connection with information we collect through our websites ("Websites"), social media pages we control ("Social Media Pages"), and software applications we make available for use on or through computers and mobile devices ("Apps"), that include a link to this Privacy Notice, and through any of our offline activities, such as when you provide your information on the phone via our call centers or in person ("Offline Activities") (collectively, including the Websites, Apps, Social Media Pages, and Offline Activities, the "Services").

Our privacy practices may vary among the countries in which we operate to reflect local practices and legal requirements, such that our practices may be more limited in such jurisdictions.

Our privacy practices also may vary among entities within the Panorama Group of Companies as well as amongst and between Panorama and Travel + Leisure Co. and any of its other affiliated operating entities (excluding the Panorama Group of Companies, the "T + L Affiliates") depending upon their function and their offered products and services. Please review the privacy notices linked to or referenced in their respective Services and note that the data controller of your Personal Information will be the T + L Affiliate or Panorama entity which provides the Services to you. The T+ L Affiliate brands can be found here. The Panorama brands  can be found here.

California Residents: Click here to read about "Your California Privacy Rights".

What Information Is Collected and How Is It Collected?

  1. We may collect "Personal Information" (information that identifies you or relates to you as an identifiable person) about you such as your:

·Name

·Postal address (including billing and shipping addresses)

·Phone number

·Email address

·Credit or debit card number

·Financial information in certain circumstances

·Social media account information

·Stay, trip, product or service information, such as your preferred location/facilities, dates and number of people/children travelling with you

·Special needs or conditions that may impact your stay

·Driver's license, government-issued ID, or passports

·Geolocation information

·Communication, product, service or other preferences

·Your opinions, comments, suggestions, inquiries and other communications you provide to us

·Demographic information

·Audio/Visual recordings such as when you call our customer service phone number or participate in having a photo taken for an activity, resort, etc.

·Internet Click Activity on our websites

·IP address or Device ID

·Subscribing Account or Membership ID

  1. We may collect information from you when you interact with us such as when you:

·Register for, subscribe to, use, or make a payment for a product or service

·Contact us with a question or request

·Use our Services

·Make a reservation

·Stay at one of our affiliated resorts

·Provide a testimonial or story, or post or submit a photo, review or comment

·Participate in a competition, promotional activity or sweepstakes

·Provide feedback or participate in a survey

·Participate in any loyalty or other programs

·"Like", "Follow" or otherwise connect with or post to one of our Social Media Pages

·Provide goods or services to us (for example, as a vendor or contractor)

  1. Other information we collect about you:

·Cookies: Our Services may use "cookies" and similar technologies (collectively, "cookies"). Cookies are small text files this Website sends to your computer for recordkeeping purposes; this information is stored in a file on your computer's hard drive. Cookies make web surfing and browsing easier for you by saving your preferences so we can use these to improve your next visit to our Website.

o One purpose of cookies is to simplify the use of the Website. For example, cookies may save a user's login details, so that they do not need to login every time.

o Cookies may be either "persistent" or "temporary" (or "session") cookies. A persistent cookie retains user preferences for a particular Website allowing those preferences to be used in future browsing sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). A temporary cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

o Cookies are also used for statistical or marketing purposes, to determine how the Website is used. These cookies are provided by us or by third parties (e.g., advertising partners). While we do not control or have access to the advertiser cookies we do permit them to be used on this Website to facilitate tailored advertising and monitor patterns of buying specific goods or interest in - for example, holidays or hobbies. These cookies run advertisements tailored to the user based on your online buying habits.

·From Other Sources: We may receive your Personal Information from other sources, such as public databases, joint marketing partners, data firms, social media platforms, from people with whom you are friends or otherwise connected on social media platforms, as well as from other third parties.

·Mobile Devices: When you use or access our Services from a mobile device, we may collect information such as your unique device ID and your location. If you download and use an App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number, as well as any other Personal Information specified by the App in its terms or notices.

·Google Analytics: We use Google Analytics to help us get a better understanding of how visitors use this Website and to facilitate interest based advertising associated with your Google Account and other devices you use. The information generated by the Google Analytics cookie about your use of this Website is transmitted to and stored by Google. If you do not want your activity on this Website to be tracked by Google Analytics, you may opt out by using this link: http://tools.google.com/dlpage/gaoptout?hl=en.

·Internet Based Advertising: We may use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use our Services and other websites, apps or online services, based on information relating to your access and use of our Services and other websites, apps and services on any of your devices, as well as information received from third parties. To do so, these companies may place or recognize a unique cookie on your browser (including through the use of pixel tags). They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Notice, please visit www.aboutads.info and www.networkadvertising.org to opt out in mobile apps. You may also opt out in Twitter by going to your account privacy settings and unchecking the box next to "Tailor ads based on information shared by ads partners."

o Do Not Track Signals: At this time, we do not respond to browser ‘do not track’ signals, as we await the work of interested stakeholders and others to develop standards for how such signals should be interpreted. Third parties, including our service providers, may collect information about your online activities over time and across different websites, including when you visit our website. You can learn about how to exercise choice regarding the collection of information about your online activities over time and across third party websites or online services by visiting http://www.aboutads.info/ and http://www.networkadvertising.org/.

·Data Collected Automatically: In addition to any Personal Information or other information you choose to provide to us or that we otherwise collect about you as described in this Privacy Notice on the Services, we and our third-party service providers may use a variety of technologies, now and hereafter devised, that automatically collect certain website usage information whenever you visit or interact with the Services. This information may include browser type, operating system, the page served, the time, the source of the request, the preceding page view, and other similar information. We may use this usage information for a variety of purposes, including to enhance or otherwise improve the Services. In addition, we may also collect your IP address or some other unique identifier for the particular device you use to access the Internet, as applicable. When analyzed, usage information helps us determine how our Services are used, such as what types of visitors arrive at the Services, what type of content is most popular, what type of content you may find most relevant and what type of visitors are interested in particular kinds of content and advertising. We may associate your website usage information with the Personal Information you provide, but we will treat the combined information as Personal Information.
We use information in a variety of ways, including to analyze site traffic, understand customer needs and trends, carry out targeted promotional activities and to improve our services.
As aggregated, de-identified or anonymized information does not constitute Personal Information, we may use it for any purpose.

Why and How We Use Your Information

We may Process Personal Information in connection with any of the following:

  1. Our business transactions with you, including, but not limited to:

·Entering into or performing a contract with you

·Responding to your inquiries and fulfilling your requests

·Sending administrative information to you, for example, information regarding the Services or an event you are attending

·Completing and fulfilling any purchases or requests for services

  1. For our legitimate business interests, including, but not limited to:

·Personalizing your experience on the Services by presenting products and offers tailored to you

·Allowing you to participate in sweepstakes, contests, and similar promotions, and administering such activities (each of which may have additional rules and could contain additional information about how we Process your Personal Information)

·Facilitating social sharing functionalities of your social media account(s)

·Carrying out data analysis, audits, fraud monitoring and prevention, internal quality assurance, developing new products, enhancing, improving or modifying our Services, identifying usage trends, auditing use and functionality of our Services, helping enforce compliance with our Terms of Use, helping protect our Services, determining the effectiveness of our promotional campaigns and operating and expanding our business activities

·Subject to your marketing preferences (which may include consent to marketing under applicable law), sending you newsletters or marketing communications we believe may interest you, for our own products and services, and on behalf of our Panorama Group of Companies, T + L Affiliates or selected third parties, in accordance with applicable law.

  1. In accordance with any consent you may have provided. You have the right to decline to provide your consent and, if consent is provided, to withdraw it at any time.
  2. As necessary or appropriate for legal reasons, including, but not limited to:

·Under applicable law

·Complying with legal process

·Responding to requests from public and government authorities, including those outside your country of residence

·Enforcing our terms and conditions in connection with the Services

·Protecting our operations or those of any of the Panorama Group of Companies or T + L Affiliates or other third parties

·Protecting our rights, privacy, safety or property, or that of the Panorama Group of Companies, T + L Affiliates, RCI affiliated resorts, you, or other third parties

·Allowing us to pursue available remedies or limit damages we, the Panorama Group of Companies, the T + L Affiliates, RCI affiliated resorts or other third parties, may sustain

When We Disclose Your Information

We may disclose your information as follows:

·T + L Affiliates and Entities with the Panorama Group of Companies: We may disclose your Personal Information within the Panorama Group of Companies for the purposes described in this Privacy Notice, including under "Why and How We Use Your Information", unless otherwise prohibited by applicable law or by specific contractual agreement with our vendors, service providers or other third-parties. In addition, we may disclose your Personal Information to any T + L Affiliate for the purposes described in this Privacy Notice, including under "Why and How We Use Your Information", unless otherwise prohibited by applicable law or by specific contractual agreement with our vendors, service providers or other third-parties. You can find more information about our primary operating T + L Affiliates in our Annual Report as of the date the Annual Report was published or by contacting us at the contact information set forth below in the section titled "How Can You Contact Us?".

·Vendors and Service Providers: We may disclose your Personal Information to vendors and service providers we retain in connection with our business such as: travel services companies, financial services companies, property owners' associations, vacation insurance companies, website hosting, data analysis, payment processing, order fulfillment, magazine publishers, information technology and related infrastructure provision, customer service, email delivery, credit card processing, tax and financial advisers, legal advisers, accountants, auditing services or others.

·Business Partners, Sponsors, and Other Third Parties: We may disclose your Personal Information to business partners, co-sponsors of promotions, and other third parties in order to provide you with services that may interest you. For example, we may share your Personal Information with the owners and operators of affiliated and unaffiliated hotels and resorts, airlines, car rental services, activity or excursion providers, travel insurance providers, credit agencies, retail stores, magazine publishers, and other third parties to facilitate reservations, to offer you products or services, or in connection with any loyalty program we may provide or a loyalty program of one of our partners. We may also co-sponsor promotions, sweepstakes, or other events with a third party and may share your Personal Information in connection with these events. Further, we may share your Personal Information with third party providers located on-site at hotels or resorts, such as time-share, spa, golf, concierge, and dining providers. If you provide additional information to any of these third parties, such information provided to these third parties will be subject to each third party's privacy practices and policies.

·Resorts or Business Partners: We may share Personal Information with RCI affiliated resort operators in order to provide you with services, facilitate a booking you requested, generate leads in connection with their offers to sell timeshares to you, to facilitate their understanding of their owners’ exchange history and utilization, or to respond to your inquiry for further information about mini-vacations at resorts where a resort tour is either required or requested of you by the resort operator.

·Message Boards: We may make reviews, message boards, blogs, and other such user-generated content facilities available to users. Any information disclosed in these areas becomes public information and you should always be careful when deciding to disclose your Personal Information. We are not responsible for privacy practices of other users including website operators to whom Personal Information is disclosed.

·Change in Control: We may disclose your Personal Information to a third party (e.g., prospective buyers and insolvency practitioners) in connection with any change in control of any part of our business or the business of any T + L Affiliate or entity within the Panorama Group of Companies, including, without limitation, merger, consolidation, divestiture, spin-off, purchase of all or a substantial portion of our assets, dissolution, liquidation, administration, receivership or other form of insolvency.

·Disclosure Permitted by Law: We may disclose your Personal Information to law enforcement authorities, government or public agencies or officials, regulators, and/or to any other person or entity having appropriate legal authority or justification for receipt of your information, if required or permitted to do so by law or legal process, to respond to claims, or to protect our rights, interests, privacy, property or safety, and/or that of any T + L Affiliates or entities within the Panorama Group of Companies, you or other third parties.

How Do We Safeguard Your Information?

·We will take reasonable steps to protect the information you provide us from loss, misuse and unauthorized access, disclosure, alteration and destruction. We have implemented appropriate physical, electronic and managerial procedures to help safeguard and secure your information from loss, misuse, unauthorized access or disclosure, alteration or destruction. Unfortunately, no security system is 100% secure, thus we cannot ensure the security of all information you provide to us via the Services.

Other Important Information

·Information Provided on Someone Else's Behalf: If you provide us with information about someone else, please ensure you have the person's permission to do so for the purposes detailed in this Privacy Notice.

·Links to Websites: The Services may have links to other websites that are not operated by us; we have no control over how these websites may collect your information and no liability for the practices, policies and security measures implemented on these websites. You should read the privacy notices on those other websites before you submit your information through them.

·Social Media Sites: Please note that we are not responsible for the collection, usage and disclosure policies and practices (including data security) of other organizations, such as Facebook, Apple, Google, Microsoft, Blackberry, Twitter or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages. Any posts you make on our Social Media Pages may be available to others who use those pages. Never include sensitive personal, financial, or other confidential information such as your social security number, address, phone number or email address when posting or commenting online. Please refer to the privacy policies of our social media partners when you interact with them online.

·Changes to Our Privacy Notice: From time to time we may revise this Privacy Notice. Updated versions will be posted on the respective Services.

·Minors: We do not knowingly collect, maintain or use Personal Information provided by individuals under 18 years of age in connection with, and no part of our Websites, Social Media Pages, and Apps is directed to, individuals under the age of 18. If we do discover we have collected Personal Information from minors in violation of applicable law, we will delete it.

·International Transfers: We are an international company and we may, subject to applicable law, transfer your information, to any T + L Affiliates, the Panorama Group of Companies or selected third parties outside the country where you are located and where information protection standards may differ (e.g., your information may be stored on servers located in other jurisdictions). We will utilize appropriate safeguards governing the transfer and usage of your Personal Information.

·Retention Period: We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Notice unless a longer retention period is required or permitted by law.

Your Choices and Rights

·Changes to Your Marketing Preferences: You can change your marketing preferences by:

o Using the unsubscribe function in the email you receive from us;

o Logging into your account (if the Service offers an account with such functionality); or

o Contacting us as set forth under "How Can You Contact Us?" below.

·Withdrawing Your Consent: You may withdraw any consent you have provided to us to Process your information at any time.

·Accessing your Information: In accordance with applicable law, you may access the Personal Information we Process about you. Any request to access or obtain copies of your Personal Information must be made in writing by contacting us as set forth under "How Can You Contact Us?" below. We may also ask you to log into your account, to verify your identity and to provide further details relating to your request.

·Correcting your Information: We will take reasonable steps to ensure the accuracy of the Personal Information we retain about you. It is your responsibility to ensure you submit true, accurate, and complete information to us, and timely update us in the event this information changes. You may request that any inaccurate or incomplete Personal Information held by us or on our behalf is corrected, by contacting us as set forth under “How Can You Contact Us?” below.

·Deleting your Information: Under certain circumstances, you may request we delete Personal Information we hold about you by contacting us as set forth under "How Can You Contact Us?" below. We will assess your request and determine, under applicable law, whether we are required to delete this information.

·Objecting to Processing: If you would like us to stop the Processing of your Personal Information, you can request this by contacting us as set forth under "How Can You Contact Us?" below. We will assess your request and determine, under applicable law, whether we have any justification for the continued Processing.

·Transferring your Information: Under certain circumstances, you may receive your Personal Information in a format that allows you to send it to another company or to direct us to transfer it directly to another company.

How Can You Contact Us?

Your Nevada Privacy Rights

Notice to Nevada Residents: If you are a resident of Nevada, under certain circumstances, Nevada Civil Code Section NRS 603A.340 allows you to request operators of websites not to sell your Personal Information. To make such a request, please send an email to our Privacy Group at privacy@rci.com or send a letter to (please indicate the Panorama entity or brand you typically do business with):

Panorama
Attn: Legal Services-Privacy
6277 Sea Harbor Drive
Orlando, FL 32821

Your California Privacy Rights

  1. Shine the Light Law: If you are a resident of California, California Civil Code Section 1798.83 allows you to request information regarding the Personal Information we collected and third parties to whom we disclosed your Personal Information for the third parties' direct marketing purposes during the preceding calendar year. To send this request, you may contact us using one of the methods in the "How Can You Contact Us?" section of this Privacy Notice.
  2. California Consumer Privacy Act ("CCPA"): This section 2 is intended to satisfy the requirements of the California Consumer Privacy Act (“CCPA”). This section supplements our Privacy Notice. The rights herein are in addition to any other rights applicable to you in this Privacy Notice. Where there is a conflict between this section and other provisions of this Privacy Notice, this section will prevail for California residents and their rights under the CCPA and applicable California law.
    1. Personal Information Definition:
      For the CCPA, “Personal Information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household.
    2. Exclusions:
      Some Personal Information is not subject to the CCPA such as consumer credit reports and background checks, publicly available data lawfully made available from state or federal government records, Personal Information governed by the Gramm-Leach Bliley Act, the Fair Credit Reporting Act, the California Financial Information Privacy Act, and any other Personal Information exempt from the CCPA. This CCPA section does not apply to our employees. A separate privacy notice applies to our employees.
    3. The Categories of Personal Information We Collect and Why We Collect Them. Generally, where applicable, in our role as a "Business" under CCPA, we may collect the following categories of Personal Information (as set forth in the CCPA) about you for the following purposes:

Personal Information Category

Identifiers: Identifiers such as your real name, alias, title, military or other service rank, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver's license number, passport number, account number, rewards program number, and other similar identifiers.

Purposes of Collection

We may collect this information to establish a business record of you, setup rewards and other accounts, create login credentials for you, and for similar reasons.
We may collect this information to communicate to you about your purchases, transactions, contracts, our business relationship with you, and for similar reasons.
We may collect this information to provide you with surveys for quality assurance, product development and more.
We may collect this information to facilitate communications to you regarding products/services that may be of interest to you.
We may collect this information to provide a list to resorts, homeowner's associations ("HOAs"), and third party partners related to your transactions, election activities, ownership and more.
We may collect this information to verify your identity such as when you request access to your Personal Information or apply for financing.
We may collect this information such as government id related information in order to process your financing application or provide information to a travel provider such as an airline pertaining to your reservation.
We may collect this information to provide a list of your emergency contacts.
We may collect this information to meet a legal requirement such as recording a title or similar functions.
We may collect your signature on documents like contracts, financing terms, waivers, etc.

Personal Information Category

Customer Records: Paper and electronic records containing Personal Information, such as name, signature, physical characteristics or description, address, telephone number, education, current employment, employment history, social security number, passport number, driver’s license or state identification number, insurance policy number, bank account number, credit or debit card number or any other financial or payment information, medical information or health insurance information. Some information in this category may overlap with other categories.

Purposes of Collection

We may collect this information to set up ownership, membership, online and other accounts you request.
We may collect this information to process and/or administer your financing applications and financing, your contracts, your reservations, your loyalty and/or rewards accounts, and more.
We may collect this information to determine your eligibility for certain products or services.
We may collect this information to process payments and purchases of any of our products or services.
We may collect this information to verify your identity such as when you request access to your Personal Information or apply for financing.
We may collect this information if you engage in certain physical, sports or similar activities at our resorts and other properties.
We may collect this information to detect and prevent fraud.
We may collect this information to comply with applicable laws and to meet other legal obligations.

Personal Information Category

Commercial Information: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Purposes of Collection

We may collect this information to process and/or administer your financing applications and financing, your contracts, your reservations, your loyalty and/or rewards accounts, and more.
We may collect this information to personalize your services/products, provide helpful suggestions, respond to your commercial inquiries, and facilitate communications to you of products/services and related features that may be of interest to you.
We may collect this information to create efficiencies in managing reservations and recurring commercial interactions with you or otherwise managing our ongoing business relationship.
We may collect this information to maintain a record of your consuming history preferences and tendencies to better serve you, to personalize an experience for you, and to meet other needs of offering, providing and maintaining an ongoing service relationship with you.
We may collect your survey answers about events, products/services and more for quality assurance, product improvement, and to facilitate marketing that may be of interest to you.

Personal Information Category

Protected Classifications: characteristics of protected classifications under California or federal law such as race, color, sex, age, religion, national origin, disability, citizenship status, and genetic information.

Purposes of Collection

We may collect this information where needed for a legal or financial document such as when we collect your marital status for a financing application.
We may collect this information where needed for a reservation, such as where we may need your gender to report to the airlines. We may also collect this information like gender to address you with the proper salutation.
We may collect this information to provide you with the proper accommodations or assistance such as when you notify us of health related accommodations you require related to a reservation.
We may collect additional information in this category as appropriate.

Personal Information Category

Biometric Information: physiological, biological or behavioral characteristics that can be used alone or in combination with each other to establish individual identity, including fingerprint, faceprint, hand, palm, and voice recordings, and health or exercise data that contain identifying information.

Purposes of Collection

We may collect biometric information in order for you to access portions of a resort or property or to assist in a law enforcement investigation.

Personal Information Category

Internet Activity: Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a resident's interaction with an internet website, application, or advertisement, as well as physical and network access logs and other network activity information related to your use of any company device, network or other information resource.

Purposes of Collection

We may collect this information to improve our website functionality, improve transaction throughput, and personalize your experience. We may collect this information to determine what interests you to facilitate targeted communications of products and services to you. We may collect this information to judge the effectiveness of any online marketing campaigns.

Personal Information Category

Geolocation Data: General or precise geographic location information about a particular individual or device.

Purposes of Collection

We may collect your postal address and/or the location associated with your device to create demographic analysis of visits to our site, prevent fraud and promote interest in our products to better market to and understand our customers.
Your location may be used to send you messages or notifications depending on your jurisdiction and settings.
We may collect this information because of differences in jurisdictional laws to be sure we are compliant in our presentation of content.

Personal Information Category

Audio/Visual Data: audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV images and photographs, and audio recordings (e.g., recorded meetings).

Purposes of Collection

We may collect this information for quality assurance of product/service presentations or communications, when you pose for videos/photos or provide audio recordings at our resorts or to us in any manner in order to improve our products and services, when you participate in activities or excursions or attend other events as part of service delivery.
We may collect this information in public areas of our facilities and online to provide safe and secure facilities and to ensure quality assurance.

Personal Information Category

Employment History: professional or employment-related information.

Purposes of Collection

We may collect details of your employment history such as job title and length of time at your employment to process a financing application. We may collect employment history as part of a larger analysis of you and what products/services would be well suited for you. We may collect details of your employment history as part of your credentials if you run for an elected position within the HOA of your vacation ownership property.

Personal Information Category

Education Information: information about education history or background that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).

Purposes of Collection

For example, we may collect this information in order to process financing, in order to match your potential interest and likelihood of purchasing certain products/services, and as part of any office election you may run for as a candidate related to an HOA.

Personal Information Category

Profiles and Inferences: inferences drawn from any of the information identified above to create a profile about a resident reflecting the resident's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Purposes of Collection

For example, we may infer what products or services may interest you, your predicted attachment to your purchased products, your likelihood of purchasing other products, your likelihood of exacting contract and financing terms, and more. We may collect demographic information about you, such as your age, income, etc.

OTHER PURPOSES FOR COLLECTING AND USING YOUR PERSONAL INFORMATION: Generally, we may use all of the above categories of Personal Information for the following purposes where applicable:

·Security and Monitoring. In order to monitor and secure our resources, network, premises and assets, including:

o Monitoring for preventing, investigating, and responding to security and privacy incidents

o Providing and managing access to physical and technical access controls

o Monitoring activities, access and use to ensure the security and functioning of our systems and assets

o Securing our offices, premises and physical assets, including through the use of electronic access systems and video monitoring

·Auditing, reporting corporate governance, and internal operations. We process Personal Information for the purposes of performing audits of our business operations, performing security reviews, ensuring we are meeting legal obligations, managing your business record, and other auditing functions.

·M&A and Other Business Transactions. For purposes of planning, due diligence and implementation of commercial transactions, for example mergers, acquisitions, asset sales or transfers, bankruptcy or reorganization or other similar business transactions.

·Defending and Protecting Rights. In order to protect and defend our rights and interests and those of third parties, including to manage and respond to employee and other legal disputes, to respond to legal claims or disputes, and to otherwise establish, defend or protect our rights or interests, or the rights, interests, health or safety of others, including in the context of anticipated or actual litigation with third parties.

·Compliance with Applicable Legal Obligations. Relating to compliance with applicable legal obligations (such responding to subpoenas and court orders) as well as assessments, reviews and reporting relating to such legal obligations.

  1. Where Do We Get Your Personal Information: We may collect all of the Personal Information categories above primarily from you such as when you fill out a form, contact us, submit documents to us, use our Websites or Mobile Apps, apply for financing, and interact with us in other ways. We may collect it from within the Panorama Group of Companies, T + L Affiliates, third party partners or data management companies. We may collect it from social media accounts such as when you connect to our Websites through such an account. We may collect it from travel agents who provide it to us on your behalf or other persons who provide your information.
  2. To Whom Do We Disclose Your Personal Information?: We disclose Personal Information to T + L Affiliates, any entity within the Panorama Group of Companies, vendors and service providers, legal and regulatory agencies under certain circumstances, third party product and service providers, third party partners, and others under certain circumstances. Please see the "When We Disclose Your Information" section for more.
  3. Selling Your Personal Information: Based on the CCPA's broad definition of "sale," certain data collection on our sites and applications by third parties for purposes of internet-based advertising and social media tools, as well as some other activities involving the disclosure of personal information to another business or a third party, may be a "sale" under the CCPA even if we do not share your information for money. Under some circumstances as described below, we may "sell" or license your Personal Information under this broad definition.
  4. Partners: We may sell your Personal Information to sweepstakes, contest, promotion partners or other third parties so that they can market to you. This will only occur if you agree to participate in such a promotion and will be subject to your marketing preferences.
  5. T + L Affiliates and Entities within the Panorama Group of Companies: We may sell your Personal Information to T + L Affiliates or entities within the Panorama Group of Companies so that they can market to you their products and services provided that such sharing is subject to your marketing preferences.

a. Internet-Based Advertising/Social Media Tools: To the extent certain information collection on our sites and through third-party applications is considered a "sale" under the CCPA, you may either opt-out through the "Do Not Sell My Information" link or as provided in the section "Other information we collect about you" in our general Privacy Notice.

b. Opt-Out: You have the right to opt-out of having your Personal Information sold. Please see the section of this Privacy Notice: "California Rights". Once we share your Personal Information with another business or a third party for such purposes, the information shared becomes subject to such other business or third party's privacy practices.

f. California Rights: If you are a California resident, you have certain rights with respect to your Personal Information as set forth below:

 . Right to Know: You have a right to know what Personal Information Categories we have collected, used, disclosed or sold about you in the previous 12 months and the purposes of such actions. You have a right to know the sources of collection of such information and to whom we have disclosed it to for business purposes or a sale. You also have a right to receive a list of the Personal Information we have collected about you in the last 12 months from the date of your request. You may request any or all of this information up to two times in a 12 month period. You may exercise this right by filling out and submitting a Privacy Rights Request Form where one is available (See ‘California Privacy Rights Request Form Link' below) or by contacting us using one of the methods listed in the "How to Contact Us?" section of this Privacy Notice.

a. Right to Delete: You have a right to instruct us to delete certain Personal Information we hold about you. We will assess your request and determine, under the CCPA, what Personal Information we are required to delete. If we retain any Personal Information, we will notify you of what we have retained and why. For information we delete, we will notify you of the method of deletion. You may exercise this right by filling out and submitting a Privacy Rights Request Form where one is available (See ‘California Privacy Rights Request Form Link' below) or by contacting us using one of the methods listed in the "How Can You Contact Us?" section of this Privacy Notice.

b. Right to Opt-Out of Sale of Your Personal Information: You have the right to instruct us not to sell your Personal Information. You may exercise this right by filling out and submitting this Opt-Out Request Form or by contacting us using one of the methods listed in the "How Can You Contact Us?" section of this Privacy Notice.

c. Nondiscrimination: You shall not incur or be subject to any price or quality of service difference from us for exercising any of your rights under the CCPA. If you feel you have been treated unfairly for exercising any of your rights under the CCPA, please contact us immediately using one of the methods listed in the "How Can You Contact Us?" section of this Privacy Notice.

d. Verification: We will require certain information from you to verify your identity as the requestor. Generally, we will ask you information that we have already collected about you to provide this verification. For instance, if you submit a "Right to Know" request, we may ask your name, address, email address, account number if applicable, and phone number. We reserve the right to ask additional questions and/or to contact you directly if in our discretion we determine we need additional verification.

e. Agents: You may have an agent exercise your rights on your behalf. If an agent provides a Power of Attorney in compliance with California Probate Code Sections 4000-4464, we will process such request. If however, your agent does not provide such Power of Attorney, we will need you to provide written permission to us of the agent's right to exercise your rights in this section on your behalf. Please include your full name, the address and email associated with your account with us, your member number if applicable, the agent's full name and address, and the agent's email. Please send this permission to privacy@rci.com. Furthermore, in addition to your written permission, we may contact you and/or your agent for further verification of your request.

f. California Privacy Rights Request Form Link:
Access/Delete Form

How Can You Contact Us?

If after reviewing this Privacy Notice, you have any questions, complaints or privacy concerns, or would like to make any requests in relation to your Personal Information, or obtain further information on safeguards used for international transfers, please send an email to our Privacy Group at privacy@rci.com or send a letter to (please indicate the entity within the Panorama Group of Companies or brand you typically do business with):

Panorama
Attn: Legal Services-Privacy
6277 Sea Harbor Drive
Orlando, FL 32821

If you have a complaint or concern about how we Process your Personal Information, we will work to address such concern(s). Also, you may call us at 1-800-914-8253. You may also direct your complaint/concern to the applicable data protection authority.

Panorama Affiliate List

Affiliate

Site URL

@work International Pty Ltd

www.atwi.com.au

Alliance Reservations Network, LLC

www.alliancereservations.com

Armed Forces Vacation Club

www.afvclub.com

Heroes Vacation Club

www.theclub365.com/v6

Dial An Exchange, LLC

www.7across.com

Extra Holidays, LLC

www.extraholidays.com

Heroes Vacation Club

www.heroesvacationclub.com

Owners Travel Club

www.ownerstravelclub.com/v6

RCI, LLC

www.rci.com

Resort Rental, LLC

www.panoramatravelsolutions.com/v6

The Social Travel Club Ltd

www.lovehomeswap.com

VIP 365

www.vip365travel.com/v6

Wyndham Destination Network, LLC

www.panoramaco.com

Seller of Travel

  1. Travel services may be provided by a third party under contract with Resort Rental, LLC/RCI, LLC. The terms and conditions of Club365 and any applicable third party providers will apply to your booking. RCI, LLC and Resort Rental, LLC, disclaim all responsibility in connection with any third-party services.
  2. Registration as a Seller of Travel does not constitute approval by the State of California. Exchange: CST: 2081369-50. Fla. Seller of Travel Reg. No. ST-36515. Washington Seller of Travel Reg. No. 602560941.
  3. Rental offer and rental inventory are made available by a Florida licensed entity Resort Rental, LLC (operating as Holiday Rentals, LLC in MD and TX), whose address is 6277 Sea Harbor Drive, Orlando, FL 32821, License Number: CQ1059961.
  4. Hawaii TAT Broker ID #TA-023-193-6000-01

Terms of Use

Please read these terms of use (“Terms”) carefully before using the Web Services (defined below).

By accessing and/or using the Web Services, you agree to these Terms. PLEASE DO NOT USE THE WEB SERVICES IF YOU DO NOT AGREE WITH THESE TERMS.

Wyndham Destination Network, LLC is a subsidiary of Travel + Leisure Co., and does business as "Panorama." Panorama’s business operations includes many subsidiary entities and consists of brands including RCI, Panorama Travel Solutions, 7Across (formerly DAE), The Registry Collection, Extra Holidays, Love Home Swap, TripBeat, @Work International, and Alliance Reservations Network (collectively "Panorama," the “Panorama Group of Companies” “we”, “us”, or “our”). These Terms constitute a contractual agreement between you (“you” or “your”) and us regarding your use of the services covered by these Terms (“Web Services”). The Web Services include our websites, mobile websites, and other Internet enabled or wireless means by which we provide content to you or receive content from you, including without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile and tablet applications, content and blog submission services, chat rooms, message boards, text/SMS messaging, email messaging, alert products and delivery of our content to you at your request). You should print a copy of these Terms for your records.

IMPORTANT NOTICE: These Terms contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Web Services. These are found in Sections 10 and 11 below. These Terms only apply to provision of, use of and your conduct in relation to the Web Services. They do not apply to any memberships, products, services or other items made available through the Web Services. These are governed by their own Terms and Conditions. Please read these Terms carefully and make sure that you understand them before continuing with your use of the Web Services to access our memberships, products or services. You should also read our Privacy Policy, which also governs your use of the Web Services, and is incorporated by reference into these Terms. If you do not agree to these Terms, please do not use the Web Services.

Your failure to follow and abide by these Terms may result in immediate suspension or termination of your access to the Web Services in addition to our other remedies.

1. CHANGES TO THE TERMS OF USE AND/OR WEB SERVICES
These Terms are meant to protect all of the visitors to and users of the Web Services, and your access to and use of the Web Services signifies your agreement with these Terms. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms, or to change or delete any features of the Web Services, at any time. Such modifications, alterations, and updates to the Terms shall be effective immediately upon posting. You agree to be bound by such modified, altered and updated Terms if you access or use the Web Services after we have posted notice of such modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THE WEB SERVICES AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED. However, any changes to the Arbitration and Governing Law sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted.

We reserve the right to modify or discontinue any of the Web Services or any aspect or feature of the Web Services at any time and without notice. From time to time, we may restrict access to the Web Services or any portion thereof, to users, including registered users, consistent with applicable law and any additional terms governing the particular Web Service.

2. PRIVACY
We and our affiliates (being any other entity that is directly or indirectly controlled by, or under common control with us) understand that you value your privacy and wish to have your personal information kept secure. We will collect, use and disclose your personal information (including but not limited to, registration data and certain other information about you that you may submit or provide to us through the Web Services) in accordance with our Privacy Notice. By providing your personal information to us, you confirm you have read and accept our Privacy Notice.

3. PURCHASES MADE VIA THE WEB SERVICES; OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Web Services, including reservations, bookings, rewards programs or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Web Services or for any service offered on or through the Web Services, the latter terms shall control with respect to your use of that portion or the specific service.

4. LINKS TO THIRD PARTY SITES
The Web Services may permit you to link to other web sites or applications that may or may not be affiliated with the Web Services and/or with us. These other linked web sites or applications, including those of our third-party content providers, advertisers, merchants, business partners, sponsors and/or licensors (collectively, “Providers”), may have different terms of use that are not the same as these Terms. Your access to and use of such linked third party web sites and applications, and any correspondence or transactions that you may enter thereon, are not governed by these Terms, but instead, are governed by the terms of use and policies of those web sites and applications. We provide links to third party websites and applications for your convenience and information only, and you use them at your own risk.

Except as otherwise specified in these Terms or pursuant to our express written consent, you may not establish a hyperlink to the Web Services or provide any links that state or imply any sponsorship or endorsement of your web site by us.

5. USE OF THE WEB SERVICES & INTELLECTUAL PROPERTY RIGHTS
We control and (either ourselves and/or through our third-party host) operate the Web Services. All content available through the Web Services (“Content”), including but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of us or our Providers, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by us, our affiliated or related entities, or the Providers that have licensed or otherwise made available their content or the right to market their products and/or services to us. Content on the Web Services or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use, and may not be used in any manner that is likely to cause confusion among our customers, other users of the Web Services, or the general public. You agree to abide by all additional copyright notices, information, or restrictions contained in or with any Content.

You may download or make a single copy of any Content contained on this website solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in or with such Content. Except as otherwise specified above, you may not copy, reproduce, duplicate, republish, upload, post, transmit, distribute, sell and/or exploit the Content in any way (including by email or other electronic means) for commercial use without the prior written consent of us or our Providers. You may request consent by faxing a request to our Legal Department at 407-626-5222. Your modification of the Content, use of the Content on any other linked website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of us or our Providers, violates the intellectual property rights and proprietary rights of the Content owners and is strictly prohibited.

You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on these Web Services, including, but not limited to, any logos, images or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of ours, or otherwise incorporate into another website any of the Content or other materials in these Web Services, without our express prior written consent. You may not deep link to any page of portions of this website without our prior written consent. You may, however, create or provide a hypertext link or hyperlink to the home page of these Web Services provided that you do not make or attribute to us, our affiliated or related entities or Providers any false, misleading, defamatory, libelous, derogatory, or offensive statements. Any such link cannot include any logos, graphics or trademarks of us, our affiliated or related entities or Providers without our express prior written consent.

Violation of trademark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of Content, copyrights, trademarks, service marks, or other intellectual property on this website, except as authorized by these Terms, is considered intentional Infringement.

Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on this website in a way that constitutes copyright infringement, please provide our Agent for Notification of Claims of Copyright Infringement the information specified below:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on this website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Written notification containing the information set forth above must be submitted to the following Agent for Notice of Claims of Copyright Infringement:

Intellectual Property - Legal
Panorama
6277 Sea Harbor Drive
Orlando, FL 32821
Telephone: 407-626-2018
Fax Number: 406-626-5193
Email Address: Copyright.Violations@wyn.com

USER’S RESPONSIBILITIES
You warrant and represent to us that you will not use the Web Services for any purpose that is unlawful, illegal or prohibited by these Terms, including, without limitation, the sending, posting, transmitting, displaying, distributing or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of these Terms, your permission to use the Web Services immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at our discretion for any legally permissible reason, including for violation of these Terms.

You are solely responsible for the content, accuracy and your use of your User Information, as defined herein, and we merely act as a passive conduit for your online publication of your User Information. As used in these Terms, “User Information” means any information or data that you submit to or through the Web Services and any information or data that is generated by the Web Services as a result of your use of or access to the Web Services. Special rules and/or restrictions may apply to your Personal Information or Sensitive Personal Data. For more information on these special rules and/or restrictions, please review our Privacy Notice.

In the event that you are provided with user identification numbers or codes, confirmation numbers, login credentials and/or passwords (as applicable) in the use of the Web Services (collectively, “Login Information”), you shall maintain such Login Information in confidence and you agree not to distribute or disclose the same to third parties. It is your responsibility to notify us if we need to change or discontinue any of your Login Information. It is also your responsibility to immediately notify us upon your knowledge or belief that such Login Information is, or may be, subject to a breach of confidentiality. We may suspend or terminate your access to the Web Services if we believe or have reason to believe a breach of these Terms has occurred including, without limitation, you having shared your Login Information with a third party.

You agree to provide true, accurate, current and complete User Information. If you provide any User Information that is untrue, inaccurate, not current or incomplete (or we have reasonable grounds to suspect that such User Information is untrue, inaccurate, not current or incomplete), we have the right to suspend or terminate your access and activity, and refuse any and all current or future use, of the Web Services.

7. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of the Web Services, and you agree not to use or permit others to use the Web Services, to do any of the following:
(a) take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Web Services’ infrastructure or resources, including, but not limited to, sending or promoting the distribution of “spam,” “junk mail,” chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
(b) disclose to, or share with, any unauthorized third parties, your Login Information for any unauthorized or prohibited purpose, or otherwise allow or facilitate others to gain access to our information technology systems, environments, networks, files, data or accounts through the use of your Login Information;
(c) access or attempt to access our information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for you), or log into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Web Services;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of the Web Services or our, our affiliated or related entities’ or the Providers’ systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, robots, spiders, scrapers, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise, which includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a service or to burden excessively a service’s resources, attempts to “crash” a host, and/or modifying or rerouting any Content or services provided via the Web Services;
(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with the Web Services;
(g) upload, post, email or otherwise transmit any User Information, Content, or proprietary material that you do not have a right to transmit under these Terms, any law or other contractual or fiduciary relationships;
(h) violate any applicable local, state, national or international law; and
(i) use, permit another person or entity to use, or assist another person or entity in using any robot, spider, intelligent agent, meta-searching, scraper, script or other automatic device or means, or manual process to access, use, search, monitor or copy the Web Services’ pages, domain, or the Content without our prior written permission, provided that generally available third party web browsers such as Netscape Navigator®, Microsoft Internet Explorer®, Microsoft Edge®, Mozilla Firefox®, Safari®, Google®, Google Chrome®, Opera®, Maxthon®, Avast Secure® or Avant® may be used without such permission.

8. INFORMATION POSTED TO THE WEB SERVICES
With respect to all User Information you elect to post to publicly accessible areas of the Web Services, you agree that we have the right to use, reproduce, copy, modify, publish, distribute, create derivative works of, perform and display such User Information (in whole or part) on a worldwide basis, without notice or compensation to you, provided that such use is in accordance with the terms of our Privacy Notice.

You acknowledge and agree that we may preserve User Information and may also disclose User Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our business, employees, Providers, affiliated or related entities, users, and/or the public.

9. ELECTRONIC COMMUNICATIONS
When you visit the Web Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, either by email or by posting notices on the Web Services. To the maximum extent permitted by law, you agree that all terms, notices, disclosures and other communications that we provide to you via such electronic means satisfy any legal requirement that such communications be in writing.

10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Web Services. However, it is possible that information contained or made available on the Web Services may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Web Services will be uninterrupted or error free or that the Web Services will be free from loss, corruption, attack, interference, hacking or other security intrusion.

If you notice any errors or omissions in the information contained on the Web Services or other concerns, please report them to us for investigation.

THE MATERIALS AND INFORMATION PROVIDED ON THE WEB SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE WEB SERVICES, THE CONTENTS THEREOF, OR THEIR HYPERLINKS TO OTHER INTERNET RESOURCES.

Limitation of Liability. We, our parents, subsidiaries, affiliates, officers, directors, employees and agents (the “Panorama Parties”) shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Web Services or any information provided on the Web Services, including but not limited to, damages caused by your reliance on the accuracy or timeliness of information provided on the Web Services or your provision of User Information to the Web Services, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the Panorama Parties’ negligence, gross negligence, recklessness, fraud or other willful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies afforded by statute or other law.

Indemnification. You agree to indemnify, defend and hold harmless the Panorama Parties from and against all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your breach of any provision of these Terms of Use, your violation of the rights of a third party and/or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense.

The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law and shall inure to the benefit of us, our affiliates, and/or our respective suppliers.

11. ARBITRATION
THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.

TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING THE WEB SERVICES, YOU AGREE THAT IF A DISPUTE ARISES BETWEEN YOU AND THE PANORAMA PARTIES, BOTH YOU AND THE PANORAMA PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE PANORAMA PARTIES MUST BE ARBITRATED IN FLORIDA. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE PANORAMA PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and you or the Panorama Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights. RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://adr.org/.

12. GOVERNING LAW
We operate the Web Services from our offices within the State of Florida, USA (which may be subject to change from time to time in our sole discretion). The Web Services can be accessed from all 50 U.S. states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing the Web Services, you agree that these Terms and your use of the Web Services shall be governed in all respect by the internal substantive laws of the State of Florida, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in Orange County, Florida for all disputes, cases and controversies regarding the Web Services, your use of the Web Services, and your relationship with us. Although the Web Services can be accessed outside the United States, we make no representation that materials on the Web Services are appropriate or available for use in other countries, and accessing them from jurisdictions where the Content is illegal is prohibited. Those who choose to access the Web Services from other countries do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside.

13. MESSAGE BOARDS
In the event that we provide message boards, web logs or blogs, or discussion forums on the Web Services (the “Forums”), you agree to use the Forums only for personal purposes in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to you or any other person or entity. In addition, you warrant that you have all necessary rights and permissions to post any uploaded materials and that all moral rights in any uploaded materials have been waived. While we do not and cannot review every message posted by you or any other user in the Forums, and although we are not responsible for these messages, we reserve the right (but not the obligation) to delete, move, or edit messages that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of privacy, copyright or trademark laws, in violation of these Terms, or otherwise unacceptable. We do not endorse any User Information posted on the Web Services.

You agree that you must evaluate, and bear all risks associated with, the use of any messages, information, or other Content posted by other Users of the Web Services, including any reliance on the accuracy, completeness, or usefulness of such messages, information, or Content. In this regard, you acknowledge that you may not rely on any Content we create or information submitted to us by third parties, including without limitation, information in the Forums, and in all other parts of these Web Services.

14. LOCATION-BASED SERVICES
Your device may be location-enabled, meaning that the device is capable of accessing Content or services that make use of a user’s location using location technology such as Global Positioning Satellite (GPS), wireless network location, or other location technology. In the event the Web Services use a location-based API for real-time route guidance (including, but not limited to, third-party turn-by-turn route guidance and other routing that is enabled through the use of a sensor), YOUR USE OF ANY SUCH REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

15. THIRD-PARTY SERVICES
If you access the Web Services using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary of these Terms. However, these third-party beneficiaries are not a party to these Terms. You agree that your access to the Web Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of use or service. You represent to us that you have read and agreed to those terms.

16. OTHER GENERAL PROVISIONS
These Terms are for the benefit of each of us, our affiliated, managed or related entities and the Providers, and each of our and their respective officers, directors, employees, affiliates, agents, or any person or entity involved in the creation, production, distribution and/or hosting of the Web Services. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.

You and we are dealing at arms’ length, creating a commercial relationship. We are not your agent or your fiduciary. Many of our businesses and facilities are independently owned and operated by third parties. In such cases, these third parties manage and operate the facilities, and they engage the employees and entities who work at the facilities. These third parties are independent from us, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire agreement between us (including the Providers), our affiliated or related entities, and you relating to the subject matter hereof, and supersede any prior agreements or understandings not incorporated herein.

PANORAMA RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.

If you have any questions or concerns about the Web Services or these Terms, please contact us at:
PANORAMA
Attn: Legal Department
6277 Sea Harbor Drive
Orlando, FL 32821

Last Update: July 7, 2021

Seller of Travel

  1. Travel services may be provided by a third party under contract with Resort Rental, LLC/RCI, LLC. The terms and conditions of Club365 and any applicable third party providers will apply to your booking. RCI, LLC and Resort Rental, LLC, disclaim all responsibility in connection with any third-party services.
  2. Registration as a Seller of Travel does not constitute approval by the State of California. Exchange: CST: 2081369-50. Fla. Seller of Travel Reg. No. ST-36515. Washington Seller of Travel Reg. No. 602560941.
  3. Rental offer and rental inventory are made available by a Florida licensed entity Resort Rental, LLC (operating as Holiday Rentals, LLC in MD and TX), whose address is 6277 Sea Harbor Drive, Orlando, FL 32821, License Number: CQ1059961.
  4. Hawaii TAT Broker ID #TA-023-193-6000-01

Terms of Use

Please read these terms of use (“Terms”) carefully before using the Web Services (defined below).

By accessing and/or using the Web Services, you agree to these Terms. PLEASE DO NOT USE THE WEB SERVICES IF YOU DO NOT AGREE WITH THESE TERMS.

Wyndham Destination Network, LLC is a subsidiary of Travel + Leisure Co., and does business as "Panorama." Panorama’s business operations includes many subsidiary entities and consists of brands including RCI, Panorama Travel Solutions, 7Across (formerly DAE), The Registry Collection, Extra Holidays, Love Home Swap, TripBeat, @Work International, and Alliance Reservations Network (collectively "Panorama," the “Panorama Group of Companies” “we”, “us”, or “our”). These Terms constitute a contractual agreement between you (“you” or “your”) and us regarding your use of the services covered by these Terms (“Web Services”). The Web Services include our websites, mobile websites, and other Internet enabled or wireless means by which we provide content to you or receive content from you, including without limitation, downloadable or preloaded software applications (including, without limitation, desktop, mobile and tablet applications, content and blog submission services, chat rooms, message boards, text/SMS messaging, email messaging, alert products and delivery of our content to you at your request). You should print a copy of these Terms for your records.

IMPORTANT NOTICE: These Terms contain certain Disclaimers and Limitations on our Liability, and a binding Arbitration Clause and Class Action Waiver, which waives your right to sue in court or seek a jury trial for disputes relating to your use of the Web Services. These are found in Sections 10 and 11 below. These Terms only apply to provision of, use of and your conduct in relation to the Web Services. They do not apply to any memberships, products, services or other items made available through the Web Services. These are governed by their own Terms and Conditions. Please read these Terms carefully and make sure that you understand them before continuing with your use of the Web Services to access our memberships, products or services. You should also read our Privacy Policy, which also governs your use of the Web Services, and is incorporated by reference into these Terms. If you do not agree to these Terms, please do not use the Web Services.

Your failure to follow and abide by these Terms may result in immediate suspension or termination of your access to the Web Services in addition to our other remedies.

1. CHANGES TO THE TERMS OF USE AND/OR WEB SERVICES
These Terms are meant to protect all of the visitors to and users of the Web Services, and your access to and use of the Web Services signifies your agreement with these Terms. We reserve the right, in our sole discretion, to modify, alter or otherwise update these Terms, or to change or delete any features of the Web Services, at any time. Such modifications, alterations, and updates to the Terms shall be effective immediately upon posting. You agree to be bound by such modified, altered and updated Terms if you access or use the Web Services after we have posted notice of such modifications, alterations or updates. IF YOU DO NOT AGREE WITH ANY OF THE MODIFIED, ALTERED OR UPDATED TERMS, THEN YOU SHOULD NOT USE THE WEB SERVICES AFTER SUCH MODIFICATIONS, ALTERATIONS OR UPDATES HAVE BEEN POSTED. However, any changes to the Arbitration and Governing Law sections will not apply to any disputes for which the parties have actual notice on or before the date the change is posted.

We reserve the right to modify or discontinue any of the Web Services or any aspect or feature of the Web Services at any time and without notice. From time to time, we may restrict access to the Web Services or any portion thereof, to users, including registered users, consistent with applicable law and any additional terms governing the particular Web Service.

2. PRIVACY
We and our affiliates (being any other entity that is directly or indirectly controlled by, or under common control with us) understand that you value your privacy and wish to have your personal information kept secure. We will collect, use and disclose your personal information (including but not limited to, registration data and certain other information about you that you may submit or provide to us through the Web Services) in accordance with our Privacy Notice. By providing your personal information to us, you confirm you have read and accept our Privacy Notice.

3. PURCHASES MADE VIA THE WEB SERVICES; OTHER TERMS AND CONDITIONS
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Web Services, including reservations, bookings, rewards programs or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Web Services or for any service offered on or through the Web Services, the latter terms shall control with respect to your use of that portion or the specific service.

4. LINKS TO THIRD PARTY SITES
The Web Services may permit you to link to other web sites or applications that may or may not be affiliated with the Web Services and/or with us. These other linked web sites or applications, including those of our third-party content providers, advertisers, merchants, business partners, sponsors and/or licensors (collectively, “Providers”), may have different terms of use that are not the same as these Terms. Your access to and use of such linked third party web sites and applications, and any correspondence or transactions that you may enter thereon, are not governed by these Terms, but instead, are governed by the terms of use and policies of those web sites and applications. We provide links to third party websites and applications for your convenience and information only, and you use them at your own risk.

Except as otherwise specified in these Terms or pursuant to our express written consent, you may not establish a hyperlink to the Web Services or provide any links that state or imply any sponsorship or endorsement of your web site by us.

5. USE OF THE WEB SERVICES & INTELLECTUAL PROPERTY RIGHTS
We control and (either ourselves and/or through our third-party host) operate the Web Services. All content available through the Web Services (“Content”), including but not limited to, text, images, illustrations, graphics, logos, digital downloads, data, software, headers, icons, scripts, audio clips, and video clips, is the property of us or our Providers, and is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (which are governed by and subject to United States and international copyright laws and treaty provisions, privacy and publicity laws, and communication regulations and statutes). The Content is owned and controlled by us, our affiliated or related entities, or the Providers that have licensed or otherwise made available their content or the right to market their products and/or services to us. Content on the Web Services or any website owned, operated, licensed or controlled by the Providers is solely for your personal, non-commercial use, and may not be used in any manner that is likely to cause confusion among our customers, other users of the Web Services, or the general public. You agree to abide by all additional copyright notices, information, or restrictions contained in or with any Content.

You may download or make a single copy of any Content contained on this website solely for your personal, non-commercial use, consistent with these Terms, provided that you maintain all copyright and other notices contained in or with such Content. Except as otherwise specified above, you may not copy, reproduce, duplicate, republish, upload, post, transmit, distribute, sell and/or exploit the Content in any way (including by email or other electronic means) for commercial use without the prior written consent of us or our Providers. You may request consent by faxing a request to our Legal Department at 407-626-5222. Your modification of the Content, use of the Content on any other linked website or networked computer environment, or use of the Content for any purpose other than personal, non-commercial use, without the prior written consent of us or our Providers, violates the intellectual property rights and proprietary rights of the Content owners and is strictly prohibited.

You may not use any registered or unregistered trademarks, service marks, copyrighted materials or other proprietary information or intellectual property appearing on these Web Services, including, but not limited to, any logos, images or characters, and also including any meta tags or similar code or hidden text or elements containing such information or property, without the express written consent of the owner of the mark or copyright. You may not frame any trademarks, service marks, copyrights, logos, images, text, or other proprietary information or intellectual property of ours, or otherwise incorporate into another website any of the Content or other materials in these Web Services, without our express prior written consent. You may not deep link to any page of portions of this website without our prior written consent. You may, however, create or provide a hypertext link or hyperlink to the home page of these Web Services provided that you do not make or attribute to us, our affiliated or related entities or Providers any false, misleading, defamatory, libelous, derogatory, or offensive statements. Any such link cannot include any logos, graphics or trademarks of us, our affiliated or related entities or Providers without our express prior written consent.

Violation of trademark and copyright laws ("Infringement") may result in significant civil liability or criminal penalties under United States and/or international copyright and trademark laws. You recognize that any reproduction or use of Content, copyrights, trademarks, service marks, or other intellectual property on this website, except as authorized by these Terms, is considered intentional Infringement.

Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied and posted on this website in a way that constitutes copyright infringement, please provide our Agent for Notification of Claims of Copyright Infringement the information specified below:

  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on this website;
  • Your address, telephone number, and email address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Written notification containing the information set forth above must be submitted to the following Agent for Notice of Claims of Copyright Infringement:

Intellectual Property - Legal
Panorama
6277 Sea Harbor Drive
Orlando, FL 32821
Telephone: 407-626-2018
Fax Number: 406-626-5193
Email Address: Copyright.Violations@wyn.com

USER’S RESPONSIBILITIES
You warrant and represent to us that you will not use the Web Services for any purpose that is unlawful, illegal or prohibited by these Terms, including, without limitation, the sending, posting, transmitting, displaying, distributing or knowingly receiving of or searching for any threatening, harassing, libelous, defamatory, obscene, scandalous, inflammatory, sexually oriented, pornographic, or profane material, content or images, or other images, content or messages that might be considered lewd, lascivious, excessively violent or otherwise offensive. If you violate any of these Terms, your permission to use the Web Services immediately terminates without the necessity of any notice. We retain the right to deny access to anyone at our discretion for any legally permissible reason, including for violation of these Terms.

You are solely responsible for the content, accuracy and your use of your User Information, as defined herein, and we merely act as a passive conduit for your online publication of your User Information. As used in these Terms, “User Information” means any information or data that you submit to or through the Web Services and any information or data that is generated by the Web Services as a result of your use of or access to the Web Services. Special rules and/or restrictions may apply to your Personal Information or Sensitive Personal Data. For more information on these special rules and/or restrictions, please review our Privacy Notice.

In the event that you are provided with user identification numbers or codes, confirmation numbers, login credentials and/or passwords (as applicable) in the use of the Web Services (collectively, “Login Information”), you shall maintain such Login Information in confidence and you agree not to distribute or disclose the same to third parties. It is your responsibility to notify us if we need to change or discontinue any of your Login Information. It is also your responsibility to immediately notify us upon your knowledge or belief that such Login Information is, or may be, subject to a breach of confidentiality. We may suspend or terminate your access to the Web Services if we believe or have reason to believe a breach of these Terms has occurred including, without limitation, you having shared your Login Information with a third party.

You agree to provide true, accurate, current and complete User Information. If you provide any User Information that is untrue, inaccurate, not current or incomplete (or we have reasonable grounds to suspect that such User Information is untrue, inaccurate, not current or incomplete), we have the right to suspend or terminate your access and activity, and refuse any and all current or future use, of the Web Services.

7. PROHIBITED ACTIVITIES
You are specifically prohibited from any use of the Web Services, and you agree not to use or permit others to use the Web Services, to do any of the following:
(a) take any action that imposes an unreasonable or disproportionately large load on, or waste of valuable time for, the Web Services’ infrastructure or resources, including, but not limited to, sending or promoting the distribution of “spam,” “junk mail,” chain letters, or other such unsolicited or unlawful mass e-mailing techniques;
(b) disclose to, or share with, any unauthorized third parties, your Login Information for any unauthorized or prohibited purpose, or otherwise allow or facilitate others to gain access to our information technology systems, environments, networks, files, data or accounts through the use of your Login Information;
(c) access or attempt to access our information technology systems, environments, networks, files, data or accounts to which express authorization has not been obtained (including access to data not intended for you), or log into a server or account that you are not authorized to access;
(d) attempt to decipher, decompile, disassemble, modify, remove or reverse engineer any of the software or HTML code comprising or in any way making up a part of the Web Services;
(e) interfere with, disrupt, disable or damage (or attempt to interfere with, disrupt, disable or damage), in an unauthorized manner, the use or operation of the Web Services or our, our affiliated or related entities’ or the Providers’ systems, equipment or applications, or service to any user, host, or network, including by use of any programs, scripts, commands, robots, spiders, scrapers, viruses, worms, web bugs, harmful code, Trojan horses, other contaminants, or otherwise, which includes “denial of service” attacks, “flooding” of networks, deliberate attempts to overload a service or to burden excessively a service’s resources, attempts to “crash” a host, and/or modifying or rerouting any Content or services provided via the Web Services;
(f) attempt to circumvent or subvert system or network security (i.e., authentication) mechanisms, or probe the security of any system, network, or account, associated or used in conjunction with the Web Services;
(g) upload, post, email or otherwise transmit any User Information, Content, or proprietary material that you do not have a right to transmit under these Terms, any law or other contractual or fiduciary relationships;
(h) violate any applicable local, state, national or international law; and
(i) use, permit another person or entity to use, or assist another person or entity in using any robot, spider, intelligent agent, meta-searching, scraper, script or other automatic device or means, or manual process to access, use, search, monitor or copy the Web Services’ pages, domain, or the Content without our prior written permission, provided that generally available third party web browsers such as Netscape Navigator®, Microsoft Internet Explorer®, Microsoft Edge®, Mozilla Firefox®, Safari®, Google®, Google Chrome®, Opera®, Maxthon®, Avast Secure® or Avant® may be used without such permission.

8. INFORMATION POSTED TO THE WEB SERVICES
With respect to all User Information you elect to post to publicly accessible areas of the Web Services, you agree that we have the right to use, reproduce, copy, modify, publish, distribute, create derivative works of, perform and display such User Information (in whole or part) on a worldwide basis, without notice or compensation to you, provided that such use is in accordance with the terms of our Privacy Notice.

You acknowledge and agree that we may preserve User Information and may also disclose User Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of our business, employees, Providers, affiliated or related entities, users, and/or the public.

9. ELECTRONIC COMMUNICATIONS
When you visit the Web Services or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically, either by email or by posting notices on the Web Services. To the maximum extent permitted by law, you agree that all terms, notices, disclosures and other communications that we provide to you via such electronic means satisfy any legal requirement that such communications be in writing.

10. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
Disclaimer of Warranties. We take reasonable steps to provide secure, timely, accurate and complete information on the Web Services. However, it is possible that information contained or made available on the Web Services may be incorrect or not current. Further, the Internet has inherent risks and we cannot guarantee that your access to and use of the Web Services will be uninterrupted or error free or that the Web Services will be free from loss, corruption, attack, interference, hacking or other security intrusion.

If you notice any errors or omissions in the information contained on the Web Services or other concerns, please report them to us for investigation.

THE MATERIALS AND INFORMATION PROVIDED ON THE WEB SERVICES ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN WITH RESPECT TO THE WEB SERVICES, THE CONTENTS THEREOF, OR THEIR HYPERLINKS TO OTHER INTERNET RESOURCES.

Limitation of Liability. We, our parents, subsidiaries, affiliates, officers, directors, employees and agents (the “Panorama Parties”) shall not be liable for damages or losses of any kind arising out of or in connection with your use of the Web Services or any information provided on the Web Services, including but not limited to, damages caused by your reliance on the accuracy or timeliness of information provided on the Web Services or your provision of User Information to the Web Services, except that the foregoing shall not preclude recovery of damages for personal injury, loss or damage to personal property, or unauthorized use or disclosure of personally identifiable information caused by the Panorama Parties’ negligence, gross negligence, recklessness, fraud or other willful, unconscionable or intentional misconduct. Nothing herein shall be construed to limit the clearly established legal right of a consumer to recover attorneys’ fees or other remedies afforded by statute or other law.

Indemnification. You agree to indemnify, defend and hold harmless the Panorama Parties from and against all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your breach of any provision of these Terms of Use, your violation of the rights of a third party and/or any negligent acts, omissions or intentional wrongdoing by you. Any such indemnification shall be conditioned on the indemnified party: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. The indemnified party shall be entitled to participate in such defense at its own cost and expense.

The foregoing Disclaimer of Warranties, Limitation of Liability and Indemnification provisions shall apply to the fullest extent permitted by law and shall inure to the benefit of us, our affiliates, and/or our respective suppliers.

11. ARBITRATION
THE FOLLOWING TERMS TO WHICH YOU ARE CONSENTING CONSIST OF A BINDING ARBITRATION PROVISION AND A CLASS-ACTION AND JURY TRIAL WAIVER.

TO THE FULLEST EXTENT PERMITTED BY LAW, BY USING THE WEB SERVICES, YOU AGREE THAT IF A DISPUTE ARISES BETWEEN YOU AND THE PANORAMA PARTIES, BOTH YOU AND THE PANORAMA PARTIES SHALL SUBMIT TO BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION. ANY ARBITRATION COMMENCED BETWEEN YOU AND THE PANORAMA PARTIES MUST BE ARBITRATED IN FLORIDA. ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE PANORAMA PARTIES MAY JOIN CLAIMS IN ARBITRATION WITH OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS. YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION YOU ARE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE IN COURT, THE RIGHT TO A JURY TRIAL, AND THE RIGHT TO BRING, OR BE PART OF, A CLASS ACTION CASE. The foregoing shall not apply to suits to enjoin infringement or other misuse of intellectual property rights, and you or the Panorama Parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights. RULES FOR THE AMERICAN ARBITRATION ASSOCIATION ARE AVAILABLE AT: https://adr.org/.

12. GOVERNING LAW
We operate the Web Services from our offices within the State of Florida, USA (which may be subject to change from time to time in our sole discretion). The Web Services can be accessed from all 50 U.S. states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing the Web Services, you agree that these Terms and your use of the Web Services shall be governed in all respect by the internal substantive laws of the State of Florida, without regard to any conflict of laws provisions, and shall not be governed by the United Nations Convention on the International Sale of Goods. You further agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in Orange County, Florida for all disputes, cases and controversies regarding the Web Services, your use of the Web Services, and your relationship with us. Although the Web Services can be accessed outside the United States, we make no representation that materials on the Web Services are appropriate or available for use in other countries, and accessing them from jurisdictions where the Content is illegal is prohibited. Those who choose to access the Web Services from other countries do so at their own risk and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the United States or the country in which you reside.

13. MESSAGE BOARDS
In the event that we provide message boards, web logs or blogs, or discussion forums on the Web Services (the “Forums”), you agree to use the Forums only for personal purposes in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, advertising, or written solicitation for goods and services. You agree that any uploaded materials may be republished without compensation to you or any other person or entity. In addition, you warrant that you have all necessary rights and permissions to post any uploaded materials and that all moral rights in any uploaded materials have been waived. While we do not and cannot review every message posted by you or any other user in the Forums, and although we are not responsible for these messages, we reserve the right (but not the obligation) to delete, move, or edit messages that we, in our sole discretion, deem abusive, defamatory, obscene, in violation of privacy, copyright or trademark laws, in violation of these Terms, or otherwise unacceptable. We do not endorse any User Information posted on the Web Services.

You agree that you must evaluate, and bear all risks associated with, the use of any messages, information, or other Content posted by other Users of the Web Services, including any reliance on the accuracy, completeness, or usefulness of such messages, information, or Content. In this regard, you acknowledge that you may not rely on any Content we create or information submitted to us by third parties, including without limitation, information in the Forums, and in all other parts of these Web Services.

14. LOCATION-BASED SERVICES
Your device may be location-enabled, meaning that the device is capable of accessing Content or services that make use of a user’s location using location technology such as Global Positioning Satellite (GPS), wireless network location, or other location technology. In the event the Web Services use a location-based API for real-time route guidance (including, but not limited to, third-party turn-by-turn route guidance and other routing that is enabled through the use of a sensor), YOUR USE OF ANY SUCH REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

15. THIRD-PARTY SERVICES
If you access the Web Services using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, respectively, shall be a third-party beneficiary of these Terms. However, these third-party beneficiaries are not a party to these Terms. You agree that your access to the Web Services using these devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of use or service. You represent to us that you have read and agreed to those terms.

16. OTHER GENERAL PROVISIONS
These Terms are for the benefit of each of us, our affiliated, managed or related entities and the Providers, and each of our and their respective officers, directors, employees, affiliates, agents, or any person or entity involved in the creation, production, distribution and/or hosting of the Web Services. Each of these individuals or entities shall have the right to assert and enforce these Terms directly against you on its (or their own) behalf. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and the remaining provisions enforced. Headings are for reference purposes only.

You and we are dealing at arms’ length, creating a commercial relationship. We are not your agent or your fiduciary. Many of our businesses and facilities are independently owned and operated by third parties. In such cases, these third parties manage and operate the facilities, and they engage the employees and entities who work at the facilities. These third parties are independent from us, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.

The provisions and conditions of these Terms, and each obligation referenced herein, represent the entire agreement between us (including the Providers), our affiliated or related entities, and you relating to the subject matter hereof, and supersede any prior agreements or understandings not incorporated herein.

PANORAMA RESERVES ANY RIGHTS NOT EXPRESSLY GRANTED OR STATED IN THESE TERMS.

If you have any questions or concerns about the Web Services or these Terms, please contact us at:
PANORAMA
Attn: Legal Department
6277 Sea Harbor Drive
Orlando, FL 32821

Last Update: July 7, 2021

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